UNIVERSITY  OF  CALIFORNIA. 

(  T  I  KT   (  >K 


Accessions 


•  f&9&.- 


Class  No.    * 

•••< r 


LAWS  OF  THE  STATE  UNIVERSITY, 


ACTS  OF  CoisranEss 


— AND   LAWS   OF   THE — 


MISSOURI  LEGISLATURE 


— RELATING   TO   THE — 


UNIVERSITY  OF  MISSOURI 


AND    AGRICULTURAL    AND     MECHANICAL    COLLEGE, 
AND  SCHOOL  OF  MINES  AND   METALLURGY. 


AN    APPENDIX. 


PUBLISHED  B«  ,,-;&  OF  THE  BOARD. 


,   MO.: 

-STATKSMA  .  >li    -JFFICE    PRINT, 


LAWS. 

CHAPTER  I.reVIT.11 


HISTORIC   MEMORANDUM. 


ORDINANCE  OF   1TS7. 

The  liberal  school  policy  of  the  General  Government,  by  land 
grants,  was  established  by  the  ordinance  of  1787.  in  the  following- 
language,  to-wit:-— 

•'And  ior  extending  the  fundamental  principles  of  civil  and  religious  lib- 
erty, which  form  the  basis  whereon  these  republics  their  laws  and  constitu- 
tions are  erected,  etc.,  etc. 

"It  is  hereby  enacted  and  declared,  by  the  authority  aj  oft-said,  (i.e.,  of  the 
United  States  in  Congress  assembled),  that  the  following- articles  shall  be  con- 
sidered as  articles  of  compact  between  the  original  State*  and  the  people,  in 
the  said  Territory  (northwest  of  the  river  Ohio),  and  forever  remain  un. tit-. ru- 
ble, unless  by  common  consent,  to-wit: 

*          *          *          *         *          *         *          #          *  #         #         *         * 

"ARTICLE  3.  Religion,  moralitv  and  know  ledge  being  necessary  to  good 
government  arid  the  happiness  of  mankind,  schools  and  the  means  of  educa- 
tion shall  forever  be  encouraged.'' 

ACT  ORGANIZING  THE  TERRITORY  OF  MIBtsOURf. 

In  the  act  ot  Congress  of  18.12.  organizing  the  Territory  of 
Missouri,  this  article  of  the  ordinance  of  1787  was  somewhat  am- 
plified, as  the  following  extract  wi.l  show: 

"Religion,  moralitv  and  knsv\  ledge  being  necessary  tw  good    government 
and  the  happiness  ot  mankind,    schools   and    the    means  01  education  shall  be 
encouraged  and  provided  lor  from  the  public  lands  of  th?  Unit:d  States  in  said 
Territory,  in  such  manner  a>  Congress  may  deem  expedient." 
SEMINARY  AND    OTHER    LANDS- 

[Extracts  from  An  Act  of  Congress  approved  March  6  1^20,  tei  authorize 
the  people  of  the  Missouri  Territory  to  fo/m  a  Constitution  an:4  Stiie  Go.-'irn* 
nient.  £c.  See  Revised  Statutes  1845,  p.  14.] 

"SEC.  t).  And  be  it  further  enacted*  That  the  following  prop- 
ositions be.  and  the  same  are  hereby,  offered  to  the  convention  of 
the  said  territory  of  Missouri,  when  formed,  for  their  free  accep- 
tance or  rejection,  which,  if  accepted  by  the  convention,  shall  be 
obligatory  upon  the  United  States. 


[4] 

"First.  That  section  numbered  sixteen  in  every  township, 
and  when  such  section  has  been  sold,  or  otherwise  disposed  of,  oth- 
er lands  equivalent  thereto,  and  as  contiguous  as  may  be,  shall  be 
granted  to  the  State  for  the  use  of  the  inhabitants  of  such  town- 
ship, for  the  use  of  (now  district)  schools. 

*          #          #         *          #          *          *         *         *         # 

Fifth.  That  thirty-six  sections,  or  one  entire  township,  which 
shall  be  designated  by  the  President  of  the  United  States,  together 
with  the  other  lands,  hereto  tore  reserved  for  that  purpose,  shall  be 
reserved  for  the  use  of:a  seminary  of  learning,  and  vested  in  the 
legislature  of  said  State,  to  be  appropriated  solely  to  the  use  of  such 
seminary  by  the  said  legislature:  Provided,  That  the  five  fore- 
going propositions  herein  offered,  are  on  the  condition  that  the 
convention  of  the  said  State  shall  provide,  by  an  ordinance,  irre- 
vocable without  the  consent  of  the  United  States,  that  every  and 
each  tract  of  land  sold  by  the  United  States,  from  and  after  the 
first  day  of  January  next,  shall  remain  exempt  from  any  tax  laid 
by  order  or  under  the  authority  of  the  State,  whether  for  State, 
county,  or  township,  or  any  other  purpose  whatever,  for  the  term 
of  five  years  from  and  after  the  day  of  sale:  Arid  further ^  That 
the  bounty  lands  granted,  or  hereafter  to  be  granted,  for  military 
services  during  tint  late  war.  shall,  while  they  continue  to  be  held 
by  the  patentees,  or  their  heirs,  remain  exempt  as  aforesaid  from 
taxation  for  the  term  of  three  years  irom  and  after  the  date  of  the 
patents  respectively.  Approved,  6th  March,  1820." 

In  pursuance  of  the  provisions  of  this  act,  members  of  a  con- 
vention were  elected  to  form  a  Constitution  and  State  government. 
They  assembled  at  St.  Louis  on  the  12th  of  June,  .1820,  and  deter- 
mined that  it  was  expedient  to  form  a  Constitution  and  State  gov- 
erninent>  and  having  accepted  the  five  propositions  offered  by  the 
6th  section  of  the  above  act,  passed  an  ordinance  which  was  finally 
signed  on  the  19th  of  July,  182  J.  A  Constitution,  was  formed, 
whereby  the  boundaries,  mentioned  in  the  21  section  of  the  above 
act,  wereratilied — and  a  new  republic  established  by  the  name  of 
the  State  of  Missouri. 

Agreeably  to  the  7th  section  of  the  above  act,  an  attested  copy 
of  the  Constitution  Was  transmitted  to  Congress.  A  resolution 
was  introduced  in  both  Houses  for  the  unconditional  admission  of 
the  State  into  the  Union,  as  had  been  the  uniform  course  in  rela- 
tion to  other  new  States;  these  resolutions  were,  however,  lost,  and 
finally,  after  much -discussion,  a  resolution  was  passed  for  admit^ 
ting  the  State  on 'a  certain  condition.  The  Legislature  of  Mis- 
souri, on  the  27th  of  June,  1821,  accepted  the  condition, -protesting 


[5] 

at  the  same  time  against  the  right  of  Congress  to  annex  it,  and  on 
the  10th  of  August,  1821,  the  President  of  the  United  States  is- 
sued his  proclamation,  announcing  the  acceptance  by  this  State  of 
the  condition  and  the  admission  of  the  State  into  the  Union. 

The  University  of  the  State  of  Missouri,  called  in  the  acts  of 
Congress  of  February  17,  1818,  March  6,  1820,  January  2-4,  1827, 
and  March  2, 1827,  a  "Seminary  of  Learning,11  possesses  a  legisla- 
tive or  legal  history  which  is  not  only  in  itself  very  interesting, 
but  quite  essential  to  a  proper  understanding  of  its  relations  to  tho 
Federal  and  State  governments,  and  of  the  obligations  imposed  upon 
the  General  Assembly  of  Missouri  to  foster  and  encourage  it.  It 
therefore  has  a  history  which  antedates  its}  location  and  establish- 
ment in  the  town  of  Columbia. 

In  the  discussion  of  the  act  of  March  6,  1820.  quoted  abover 
a  complication  often  presented  itself,  originating  in  the  fact 
that  that  act  donated  to  the  State  only  thirty-six  sections,  or  one 
township,  of  public  land  whereas  the  State  received  "for  the  use  of 
a  Seminary  of  Learning,"  seventy-two  sections,  or  two  townships. 

This  apparent  contradiction  is  explained  by  the  following- 
facts : 

Three  years  anterior  to  the  admission  of  Missouri  into  the 
Union,  and  by  the  third  section  of  the  act  of  Congress  of  Februa- 
ry 17,  1818,  two  townships  were  directed  to  be  located  and  reserv- 
ed for  the  support  of  a  seminary  of  learning  in  this  State,  and  one- 
of  these  townships  was  authorized  to  be  located  on  the  waters  of 
the  Missouri,  and  the  other  on  the  waters  of  the  Arkansas  river. 

Following  this  in  chronological  order  was  the  act  of  March 
6,  1820,  already  quoted. 

Although  the  Seminary  lands  were  reserved  by  the  act  of 
1818  and  donated  by  the  act  of  1820,  they  were  not  authorized  to 
be  selected  nor  confirmed  to  the  State  until  the  passage  of  the  act 
of  January  24,  1827,  as  follows: 

ACT  OF  JANUARY  24,  1827. 

"An 'Act  concerning  the  selection  of  certain  lands,  heretofore 
granted  by  compact,  to  the  'State  of '  Missouri,  for  seminaries  of 
learning. 

Be  it  enacted,  clc.,  That  it  shall  be  the  duty  of  the  President 
of  the  United  States,  as  soon  as  may  be,  to  cause  to  be  selected, 
from  any  of  the  public  lands  of  the  United  States  in  Missouri,  the 
sale  of  which  is  authorized  by  law,  and  in  quantities  not  less  than. 


• 


•a  section,  according  to  the  divisional  lines  of  the  public  surveys, 
the  several  townships  of  land  heretofore  secured  by  compact  to  the 
State  of  Missouri,  for  the  purposes  of  a  seminary  or  seminaries  of 
learning  in  that  State,  and  to  cause  one  descriptive  list  of  such  se- 
lections to  be  filed  with  the  Governor  of  Missouri,  in  the  office  of 
the  Secretary  of  that  State,  and  another  like  list  to  be  filed  in  the 
•General  Land  Office  of  the  United  States;  and  the  lands  so  selected 
.shall,  immediately  thereupon,  vest  in  the  State  of  Missouri,  ac- 
cording to,  and  in  satisfaction  of,  the  above  mentioned  compact 
with  the  United  States. 

"Approved  January  24th,  1827." 

A.CT  OF  MARCH    2,    1827. 

(Extract  from  a  letter  nf  Hon.  N.  C.  McParland,  commission- 
er of  the  General  Land  Office,  dated  July  15,  1882.) 

"By  the  Act  of  March  2,  1827,  entitled  "An  act  concerning  a 
-seminary  of  learning  in  the  Territory  of  Arkansas,"  authorizing 
the  Secretary  of  the  Treasury  to  set  apart  two  townships  for  the 
use  and  support  of  a  seminary  of  learning,  it  is  provided  that  one 
of  said  townships  so  sot  apart  slvill  be  "in  lieu  of  an  entire  town- 
ship of  land  directed  to  be  located  on  the  waters  of  the  Arkansas 
River,  in  said  Territory,  for  the  use  of  a  seminary  of  learning 
therein,  by  an  act  of  Congress  entitled,  'An  act  making  provision 
for  the  establishment  of  additional  land  offices  in  the  Territory  of 
Missouri,1  "  approved  February  17,  1818. 

"It  will  bo  scon  from  the  aJ30ve  cited  act,  that  one  of  the  town- 
ships reserved  for  seminary  purposes  in  the  Territory  of  Missouri, 
-und  to  be  located  on  the  waters  of  the  Arkansas,  was  transferred 
.to  the  Territory  of  Arkansas,  leaving  one  townsnip  reserved  for 
.the  former  Territory,  which,  together  with  the  additional  town- 
ship granted  by  the  Act  of  March  6,  1820,  made  .two  townships 
which  the  President  of  the  United  States  was  directed  to  cause  to 
be  selected,  under  the  Act  of  January  21,  1827,  for  the  purpose  of  a 
seminary  or  seminaries  of  learning  in  the  State  of  Missouri." 

ACT  OF  MARCH  O,    1831,    AUTHORIZING  THE    SALE  OF   THE   SEMINARY 

LA.XDS. 

The  eighth  section  of  "an  act  to  create  the  office  of  surveyor 
-of  public  lands  for  the  State  of  Louisiana,11  passed  by  Congress  and 
approved  March,  3,  1831,  authorized  the  Legislatureof  Missouri  to 
sell  the  seminary  lands  "and  to  invest  the  money  arising  from  the 
•sale  thereof  in  some  productive  fund,  the  proceeds  of  which  shall 
be  forever  applied  by  the  Legislature  of  said  State,  solely  to  the 
use  of  such  seminary,  and  for  no  other  use  or  purpose  whatsoever," 
-as  follows:— 

SEC.  8.     And  Be  if  further  enacted^  -That   the  Legislature  of 


m 

the  State  of  Missouri  be,  and  is  hereby  authorized  to  sell  and  con- 
vey in  fee  simple  all  or  any  part  of  the  lands  heretofore  reserfexl 
and  appropriated  by  Congress  for  the  use  of  the  Seminary  of  learn- 
ing in  said  State,  and  to  invest  the  money  arising  from  the  sale 
thereof  in  some  productive  fund,  the  proceeds  of  which  shall  be 
forever  applied  by  the  Legislature  of  said  State,  solely  to  the  use  of 
such  Seminary-,  and  for  no  other  use  or  purpose  whatsoever. 


CHAPTER  II. 

EDUCATION — CONSTITUTIONAL  PROVISIONS. 
[From  the  State  Constitution  of  1820.] 

S*:c.  I.  Schools  and  the  means  of  education  shall  forever  be 
encouraged  in  this  State;  and  the  General  Assembly  shall  take 
measures  to  preserve  from  waste  or  damage  such  lands  as  have 
been,  or  hereafter  may  be  granted  by  the  United  States  for  the  use 
of  schools  within  each  township  in  this  State,  and  shall  apply  the 
funds  which  may  arise  from  such  lands  in  strict  conformity  to  the 
object  of  the  grant;  one  school  or  more  shall  be  established  in  each 
township  as  soon  as  practicable  and  necessary,  where  the  poor  shall 
be  taught  gratis. 

SEC.  2.  The  General  Assembly  shall  take  measures  for  the  im- 
provement of  such  lauds  as  have  been,  or  may  hereafter  be  grant"- 
«•<{  by  the  United  States  to  this  State  for  the  support  of  a  seminary 
of  learning;  and  the  funds  accruing  from  such  lands  by  renter 
lease?,  or  in.  any  other  manner,  or  which  may  be  obtained  from  any 
other  source  for  the  purposes  aforesaid,  shall  be  and  remain  &  per- 
manent fund  to  support  a  university  for  the  promotion  of  litera- 
ture, and  of  the  arts  and  sciences;  and  it  shall  be  the  duty  of  the 
•General  Assembly,  sis  soon,  as  may  be,  to  provide  effectual  means 
for  the  improvement  of  such  lands  and  for  the  improvement 
permanent  security  of  the  funds  and  endowments  of  such  i 
tion. 

(For  provisions  «r  flic  State  Constitution  of  1865,  see  "Appendix..'') 
(Kroin  the  State  Constitution  of  1875,  Art.  XI.) 

SEC.  1.  PUBLIC  SCHOOLS — PERSONS  O-P  SCHOOL  AGE.— A  gener- 
al diffusion  of  knowledge  and  intelligence  being  essential  to Ahv 
preservation  of  the  rights  and  liberties  of  the  people,  the  General 


[8] 

Assembly  shall  establish  aud  maintain  free  public  schools  for  the 
gratuitous  instruction  of  all  persons  in  this  State  between  the  ages 
of  six  and  twenty  years. 

(The  limit  was  twenty-one  years,  under  constitution  of  1865,  Art.  IX,  §  i.) 
(a)     IN  GENERAL. — Section  7,  Article  VII,  of  the  school   law  of  1855  (R. 
S.'i855,  p.  1440),  giving  a  preference  to  the  debt  owing  by  a  defaulting  coun- 
ty treasurer  of  the  school  fund,  is   not   in   conflict   with   any  provision  of  the 
State  or  Federal  Constitutions.     Cass  County  v.  Jack,  49  Mo.  196. 

Sec.  2.  DISBURSEMENT  OF  SCHOOL  FUNDS,  CERTAIN  DISTRICTS 
NOT  ENTITLED  TO. — The  income  of  all  the  funds  provided  by  the 
State  lor  the  support  of  free  public  schools  shall  be  paid  annually 
to  the  several  county  treasurers  to  be  disbursed  according  to  law; 
but  no  school  district,  in  which  a  free  public  school  has  net  been 
maintained  at  least  three  months  during  the  year  for  which  the 
distribution  is  made,  shall  be  entitled  to  receive  any  portion  of  such 
funds. 

(The  first  clause  is  new.     Constitution  of  1865,  Art.  IX,  §  7.) 

Sec.  3.  SCHOOLS  FOR  COLORED  CHILDREN. — Separate  free  pub- 
lic schools  shall  be  established  for  the  education  of  children  of  Af- 
rican descent. 

(Same  as  Constitution  of  1865,  Art.  IX.  §  2.) 

Sec.  4.  BOARD  OF  EDUCATION. — The  supervision  of  instruc- 
tion in  the  public  schools  shall  be  vested  in  a  "Board  of  Educa- 
tion," whose  powers  and  duties  shall  be  prescribed  by  law.  The 
Superintendent  of  Public  Schools  shall  be  President  of  the  Board. 
The  Governor,  Secretary  of  State  and  Attorney -General  shall  be 
£x  officio  members,  and  with  the  Superintendent,  compose  said 
Board  of  Education. 

(Constitution  of  1865,  Art.  IX,  §  3,  modified.) 

Sec.  5.  STATE  UNIVERSITY. — The  General  Assembly  shall, 
whenever  the  Public  School  Fund  will  permit,  and  the  actual  ne- 
cessity of  the  same  may  require,  aid  and  maintain  the  State  Uni- 
versity now  established  with  its  present  departments.  The  gov- 
ernment of  the  State  University  shall  be  vested  in  a  Board  of  Cu- 
rators, to  consist  of  nine  members,  to  be  appointed  by  the  Govern 
or,  by  and  with  the  advice  and  consent  of  the  Senate. 

(The  last  sqntence  is  new.     Constitution  of  1865,  Art.  IX,  §  4.) 

See.  6.  SCHOOL  FUND.— -The  proceeds  of  all  lands  that  have 
been  or  hereafter  may  be  granted  by  the  United  States  to  this 
State,  and  not  otherwise  appropriated  by  this  State  or  the  United 


[9] 

States;  also,  all  moneys,  stocks,  bonds,  lands  and  other  property 
now  belonging  to  any  State  fund  for  purposes  of  education;  also, 
the  net  proceeds  of  all  sales  of  lands  and  other  property  and  effects 
that  may  accrue  to  the  State  by  escheat,  from  unclaimed  dividends 
and  distributive  shares  of  the  estates  of  deceased  persons;  also  any 
proceeds  of  the  sales  of  the  public  lands  which  may  have  been  or 
hereafter  may  be  paid  over  to  this  State  (if  Congress  will  consent 
to  such  appropriation ) ;  also,  all  other  grants,  gifts  or  devises  that 
have  been,  or  hereafter  may  be  made  to  this  State,  and  not  other- 
wise appropriated  by  the  State  or  the  terms  of  the  grant,  gift  or  de- 
vise, shall  be  paid  into  the  State  Treasury,  and  securely  invested 
and  sacredly  preserved  as  a  Public  School  Fund;  the  annual  in- 
come of  which  fund,  together  with  so  much  of  the  ordinary  reve- 
nue of  the  State  as  may  be  by  law  set  apart  for  that  purpose,  shall 
be  faithfully  appropriated  for  establishing  and  maintaining  the 
free  public  schools  and  the  State  University  in  this  Article  provid- 
ed for,  and  for  no  other  uses  or  purposes  whatsoever. 

(Same,  substantially,  as  Constitution  of  1865,  Art.  IX,  §  5.) 

Sec.  7.  DEFICIENCY  IN  SCHOOL  FUNDS— STATE  REVENUE.— :In 
case  the  Public  School  Fund  now  provided  and  set  apart  by  law, 
for  the  support  of  free  public  schools,  shall  be  insufficient  to  sus- 
tain a  free  school  at  least  four  months  in  every  year  in  each  school 
district  in  this  State,  the  General  Assembly  may  provide  for  such 
deficiency  in  accordance  with  section  eleven  of  the  Article  on  Rev- 
enue and  Taxation;  but  in  no  case  shall  there  be  set  apart  less  than 
twenty-five  per  cent,  of  the  State  revenue,  exclusive  of  the  Inter- 
est  and  Sinking  Fund,  to  be  applied  annually  to  the  support  of  the 
public  schools. 

(Constitution  of  1865,  Art.  IX,  §  8,  modified.) 

Sec.  8.  COUNTY  SCHOOL  FUND.- — All  moneys,  stocks,  bonds, 
lands  and  other  property  belonging  to  a  county  school  fund;  also,, 
the  net  proceeds  from  the  sale  of  estrays;  also,  the  clear  proceeds 
of  all  penalties  and  forfeitures,  and  of  all  fines  collected  in  the  sev- 
eral counties  for  any  breach  of  the  penal  or  military  laws  of  the 
State,  and  all  moneys  which  shall  be  paid  by  persons  as  an  equiva- 
lent for  exemption  from  military  duty,  shall  belong  to  and  be  se- 
curely invested,  and  sacredly  preserved  in  the  several  counties,  as  a 
county  public  school  fund;  the;  income  of  which  fund  shall  be  faith- 


I  10 ) 

fully    appropriated  for  establishing  and   maintaining  in-n  public 
schools  in  the  several  counties  of  this  State. 

(Constitution  of  i8f>5,  Art.  IX,  ^  5,  with  additions  and  changes.) 

Sec.  9.  INVESTMENT  Ob  PUBLIC  SCHOOL  FUND.-  No  part  of  the 
Public  School  Fund  of  the  State  shall  ever  be  invested  in  the  stock 
or  bonds,  or  other  obligations  of  any  other  State,  or  of  any  county, 
city,  town  or  corporation;  and  the  proceeds  of  the  sales  of  any 
lands  or  other  property  which  now  belong,  or  may  hereafter  be- 
long to  said  school  iund.  shall  be  invested  in  the  bonds  of  the 
State  of  Missouri,  or  of  the  United  States. 

(Under  the  Constitution  of  1865,  Art.  IX,  §  6,  the  School  .Kim.il  could  bo 
invested  only  in  the  bonds  of  the  United  States.) 

(a)  SECTION*  6  OF  THE  ACT  01*  1865  provided  that  the  purchase  money 
arising  from  the  sale  of  certain  stoek  of  the  Bank  ot  the  State  of  Missouri,  be- 
longing to  the  State,  might  he  paid  in  bonds  and  coupons  ot  the  State;  //cfd, 
that  this  was  not  necessarily  an  investment  in  .either  State  bonds  or  obliga- 
tions. (Acts  of  1^65,  p.  16.)  State,  v.  The  Hank  of  the  State  of  Missouri,  4$ 
Mo.  528. 

Sec.  10.  INVESTMENT  OF  COUNTY  SCHOOL  FILND. — All  county 
school  funds  shall  be  loaned  only  upon  unincumbered  real  estate 
security,  of  double  tlu>  value  of  the  loan,  with  personal  security  in 
additional  thereto. 

(Same,  substantially,  as  Constitution  of  1885,  Art.  IX,  §  6.) 

Sec.  11.  SCHOOLS  FOR  RELIGIOUS. OB  SKCTAHIAN  PURPOSES.-- 
Neither  the  General  Assembly,  nor  any  county,  city,  town,  town- 
ship, school  district  or  other  municipal  corporation,  shall  ever 
make  an  appropriation,  or  pay  from  any  public  fund  whatever, 
anything  in  aid  of  any  religious  creed,  church  or  sectarian  pur- 
pose; or  to  help  to  support  or  sustain  any  private  or 
public  school,  academy,  seminary,  college,  university  or 
other  institution  of  learning,  controlled  by  any  religious  creed, 
church  or  sectarian  denomination,  whatever;  nor  shall  any  grant 
or  donation  of  personal  property  or  real  estate  ever  be  made  by;.the 
State,  or  any  county,  city,  town  or  other  municipal  corporation^ 
for  any  religious  creed,  church  or  sectarian  purpose  whatever. 

(This  section  is  new.     Constitution  of  Illinois,  Art.  VIII,  §  3.) 


CHAPTKRKJ. 


SALE  OF 
On  January  23,  1820,  (see  Session  Acts  18284)t-)  an  act  was 


(11J 

approved  which  provided   for  the  prosecution,    fine    awl  imprison- 
ment of  trespassers  on  the  Seminary  Lands. 

By  an  act  approved  Dec.  81,  1830,  (J)  provision  was  made  for 
the  sale  of  the  Seminary  Lands.  It  made  it  the  duty  of  the  Gov- 
ernor of  this  state,  or  his  successor  in  office  tor  theJtinie  being,  af- 
ter giving  six  months  previous  notice  thereof,  in  tnV'  several  news- 
papers published  in  this  state,  to  cause  the  lands  granted  to  the 
state  for  seminary  purposes,  to  be  offered  at  public  sale  to  the 
highest  bidder,  upon  this  condition,  however,  that  the  same  shall 
not  be  sold  for  a  less  price  than  two  dollars  per  acre,  and  the  sales 
of  the  said  lands  shall  be  conducted  in  every  other  respect,  under 
f,he  same  regulations  as  the  public  lands  of  the  United  States. 

By  the  same  act  John  B.  Swearengen  was  made  register  and 
Hamuei  (/.  Owens  receiver  for  the  purpose  of  superintending  the 
lands  in  the  United  States  Western  district;  James  Jamison,  reg- 
ister, and  Henry  Lane,  receiver,  in  the  Salt  river  district,  and  Wil- 
liam Garner,  register,  and  Robert  F.  Brown,  receiver  in  the  Cape 
(rirardeau  district,  each  of  whom  was  required  to  give  bond. 

The  sales  of  land  in  the  Western  district  were  held  in  Inde- 
pendence, commencing  on  the  first  Monday  in  December,  1831;  in 
the  Salt  river  district  in  Palmyra  on  the  second  Monday  in  No- 
vember, 1831;  and  in  the  Cape  Giradeau  district  in  Benton,  Scott 
county,  on  the  first  Monday  in  November  of  the  same  year. 

On  January  17,  1831,  (*)  an  act  was  approved  which  provid- 
ed for  annexing  to  the  town  of  Independence,  laying  off  into  lots, 
and  making  sale  of  eighty  acres  of  Seminary  Lands  adjoining  said 
town.  Said  sale  commenced  on  the  first  Monday  in  December, 
1832,  openly  to  the  highest  bidder,  under  the  superintendence  of  ^ 
commissioner  appointed  by  the  Governor,  said  act  providing  that 
no  lot  of  one  acre  or  less  should  be  sold  for  less  than  $10,  nor  any 
Jot  of  more  than  one  acre  for  less  than  So  per  acre. 


ACT  OF  DECEMBER  31,  1830,  REVIVED. 

January  29,  1833,  (f)  an  act  was  approved  reviving  the  act 
to  provide  for  the  sale  of  the  Seminary  Lands,  approved  Dec.  31t 
1830,  and  it  authorized  public  sales  of  the  lands  at  Independence, 

J  See  Session  Acts  1830-1,  p.  86. 
*  See  Session  Acts  1830-1  p.  91. 
tSee  Session  AcU  183.2-3,  p.  116. 

TJUIVBRSITT; 


[12] 

Palmyra  and  Benton  in  the  months  of  October.  November  and 
cember  1833.  Abraham  McClellaii  was  appointed  commissioner 
of  the  sales  at  Independence,  Henry  Wilcox  at  Palmyra,  and  John 
Moore  at  Benton.  All  lands  not  thus  sold  at  public  sale  were? 
thereafter  subject  to  private  entry  or  purchase. 

The  commissioner  of  the  Western  district  was  directed  at  the- 
close  of  the  public  sales  to  offer  to  the  highest  bidder  the  town  lots 
remaining  unsold  in  the  annexed  portion  of  the  town  of  Independ- 
ence, pursuant  to  the  act  approved  January  17,  1831. 

On  the  17th  of  March,  1835,  (*)  an  act  of  the  Legislature 
was  approved  to  take  effect  the  first  day  of  May  thereafter,  provid- 
ing for  the  sale,  at  private  entry,  of  the  Seminary  Lands,  in  the 
same  manner  at  the  same  price,  and  under  the  same  regulations 
as  the  Unitec  Ifcates  lands  were  then  disposed  of,  at  private  sales. 

By  the  t,  /ms  of  the  act,  John  Moore  of  Scott  county,  for  the 
Cape  Girardeaa  land  district;  Henry  Wilcox  for  the  Salt  River  dis- 
trict and  Small  wood  Nolan d  of  Jackson  county  for  the  Western 
district,  were  made  commissioners  to  superintend  the  sale  of  these 
lands,  each  giving  bonds  of  not  less  than  $5,000.  Moneys  receiv- 
ed by  them  from  said  sales  to  be  paid  into  the  State  treasury  everj 
twelve  months,  the  treasurer  to  keep  the  same  "as  a  distinct  fond 
for  the  purposes  for  which  said  lands  were  accepted"  by  the  State, 

For  an  act  of  two  sections  to  protect  th  >  rights  of  pre-emphen    settlers-  ea 
the  Seminary  Lands,  see  Sessions  Acts  of  1832-3,  p.  iiy. 

CHAPTER  IV. 

SELECTING  A  SITE  FOB  THE  STATE  UNIVERSITY. 

By  an  act  of  the  Legislature,  approved  Feb.  8,  1839,  (f)  STO 
commissioners  were  appointed  to  select  a  site  for  the  State  Univer- 
sity, said  commissioners  being  Peter  H.  Burnett  of  Clay,  Chaneey 
Durkee  of  Lewis,  Archibald  Gamble  of  St.  Louis,  John  G.  Bryan 
of  Washington  and  John  S.  Phelps  of  Greene.  The  act  'provided 
the  site  should  contain  at  least  fifty  acres  of  land  in  a  compact  form 
within  two  miles  of  the  county  seat  of  the  county  of  Cole,  Cooper, 
Howard,  Boone,  Callaway  or  Saline. 

It  was  made  the  duty  of  the  commissioners  to  meet  in  theeitj 
of  Jefferson  on  the  first  Monday  of  June,  1839,  and  thereafter  at 
such  times  as  they  might  appoint  at  the  county  seat  of  each  conn* 

*See  Revised  Statutes  183-,,  p.  5^6. 

fSee  Session  Acts  1838,  p.  185,  and  for  the  act  in  full.se?  "Appendix."1 


[-13] 

ty  mentioned,  to  receive  conveyances  of  land  and  subscriptions  of 
money,  to  be  void  if  the  University  was  not  located  at  the  county 
seat  of  the  county  in  which  they  were  made. 

After  visiting  all  the  county  seats  and  receiving  bids  as  afore- 
said the  commissioners  were  to  return  to  the  seat  of  government 
and  open  the  bids;  "and  the  place  presenting  most  advantages  to 
fee  derived  to  said  University,  keeping  in  view  the  amount  sub- 
scribed, and  locality  and  general  advantages,  shall  be  entitled  to  its 
location." 

On  the  24th  of  June,  1839,  the  commissioners  met  in  Jeffer- 
son City,  opened  all  the  bids,  and  located  the  University  of  Mis- 
souri at  Columbia,  in  the  county  of  Boone.  The  following  is  a 
copy  of  the  award : 

*'The  commissioners  appointed  by  law  to  select  a  site  for  the  State  Uni- 
versity have  agreed  unanimously  in  the  choice  of  Boone  county  for  its  loca- 
tion. Given  under  our  hands  at  the  City  of  Jefferson  this  24th  day  of  June  in 
the  year  1839.  JOHN  GANG  BRYAN, 

CH.  DURKIiE, 

[Signed.]  ARCHIBALD  GAMBLE, 

JOHN  S.  PHELPS, 
PETER  H.  BURNETT." 

CH  AFTER  V. 

INSTITUTION"  OF  THE  STATE  UNIVERSITY. 

On  the  llth  Feb.,  1839,  (*)  an  act  was  pass  -d  "to  provide  for 
tlie  institution  and  support  of  the  Slate  University,  and  for  the 
governmeut  of  colleges  and  academies."  This  act,  drafted  by  Hon. 
Henry  S.  Geyer,  a  distinguished  lawyer  of  St.  Louis  and  afterwards 
United  States  Senator,  was  very  elaborate,  consisting  of  five  arti- 
cles, and  provided  for  colleges  and  academies  in  different  parts  of 
the  State,  to  be  connected  with  the  State  University,  and  to  be  un- 
der the  visitorial  power  of  its  Curators. 

This  idea  of  a  State  University,  with  branches  and  subordi- 
nate institutions  scattered  over  the  State,  was  a  favorite  one  witK 
many  distinguished  men  in  the  earlier  history  of  the  country,  and 
was  placed  upon  the  statute  book  of  several  of  the  States;  but  the 
plan  was  found  cumbrous,  and  too  unwieldly  to  be  carried  out  into 
practice,  and  was  abandoned  wherever  projected  and  never  carried 
into  execution  in  Missouri. 

*See  Session  Acts  1839,  PP-  *73 — 181. 


[14] 
CHAPTER  VI. 

AMENDING  ACT  OF  FEB.  11.  1839. 

On  the  24th  Feb..  1843.  (*)  an  act  was  approved  amendatory 
of  certain  provisions  of  the  act  of  .Feb.  11,  1839.  Under  this 
amendatory  act  so  much  of  the  last  named  law  as  provides  for  the 
government  of  colleges  and  academies  of  the  university  was  repeal- 
ed, and  the  power  was  conferred  on  the  board  of  curators  t»>  aj>- 
point  the  necessary  professors  and  tutors  of  the  university,  mid  to 
fix  their  compensation.  No  one  of  the  professors  or  tutors  was 
allowed  to  exercise  the  functions  of  a  bishop,  priest,  clergyman  or 
teacher  of  any  religious  persuasion,  denomination,  society  or  sect, 
whatsoever,  during  his  continuance  in  office. 

The  act  also  provided  that  the  compensation  of  the  president, 
professors  and  tutors  shallbe  fixed  annually,  and  any  of  them  may 
be  removed  at  the  pleasure  of  the  curators.  Also,  that  so  much  of 
the  act  as  requires  a  curator  to  be  thirty  years  of  age  was  repeal- 
ed, and  that  each  curator  shall  be  not  Isss  than  twenty-five  years 
of  age. 

The  curators  were  authorized  to  sell  all  the  lands  conveyed  to 
the  State  for  the  benefit  of  the  university,  with  the  exception  of 
twenty  acres  for  a  university  site,  on  such  terms  as  the  curators 
shall  deem  best  for  the  interest  of  the  institution,  and  to  convey 
the  same  to  purchasers  by  deed  under  their  common  seal. 

The  proceeds  of  the  sale  of  said  lands  to  be  applied  to  the  pay- 
ment of  the  debts  contracted  by  the  curators:  :i.nd  if  there  should 
be  any  surplus  remaining  after  the  payment  of  said  debts,  the  sam«« 
to  be  applied  in  the  manner  deemed  b?st  for  t ho  benefit  of  said  uni- 
versity. 

An  act  was  also  approved  Feb.  :^8,  1S48  ( Jj  providing  lor 
semi-annual  meetings  of  the  Board  of  Curators  in  April  and  Octo- 
ber, fixing  the  number  to  constitute  a  quorum,  and  making  it  the 
duty  of  the  Auditor  of  public  accounts  to  report  to  each  meeting; 
the  increase  of  the  seminary  fund. 


CHAPTER  VII. 

DISTRIBUTION"  OF  LAWS  AND  .TOL'ttXALS. 
fjc  it  enacted  bv  the  Genera/  Asscmlly    of  lie    State  of 
*See  Session  Acts.  1842,  p.  14$. 
JSee  Session  Acts  1842.  p.  1^9. 


TJ1U7BESITY 


souri  as  follows :  1.  That  hereafter  there  shall  be  furnished,  at 
the  time  ol  distribution  of  the  laws  and  journals  of  the  General 
Assembly  of  this  State,  to  the  University  of  the  State  of  Missouri, 
and  to  the  Law  Library  Association  of  St.  Louis.each.two  copies  of 
the  laws  and  journals  of  every  session  of  the  (feneral  Assembly 
now  holding  and  hereafter  to  beheld,  and  to  each  member  of  Con- 
gress from  this  State  one  copy. 

This  Act  to  take  effect  from  and  after  its  passage.     Appioved, 
Dec.  19.  1842. 


LAND  DOCUMENTS,  LAWS  AND  JOURNALS. 

/,  Tli at  the  Secretary  of  State  be  and  he  is  hereby  di- 
rected to  furnish,  to  the  University  of  the  State  of  Missouri  and  to 
the  Law  Library  Association  of  St.  Louis,  each,  one  copy  of  the 
documents,  legislative  and  executive,  of  the  Congress  of  the  Uni- 
ted States,  in  relation  to  the  public  lauds  selected  and  edited  under 
the  authority  of  the  Senate  of  the  United  States,  by  Walter  Low- 
rie.  Secretary  of  the  Senate;  printed  by  Duff  Green;  one  copy  of 
the  revised  code  of  1885,  one  copy  of  the  acts  and  journals  of  each 
General  Assembly  of  this  State  held  since  the  year  lS::sr>,  one  copy 
of  the  Territorial  laws,  one  copy  of  the  Militia  laws,  approved  6th 
February,  18H7.  and  Kith  February,  1881),  and  one  copy  of  the  4th, 
5th  and  6th  volumes  of  the  Decisions  of  the  supreme  court  of  this 
State  now  remaining  in  the  office  of  Secretary  of  Stare.  Approv- 
ed, Dec.  Ill,  1842. 


CHAPTER  VIII. 

BR1KF  MENTION  OF  VARIOUS   ACTS. 

Session  *>/"  1844-5. 

For  Revised  Act  to  provide  for  the  institution  and  support    of 
a  State  University,  see  Revised  Statutes  of  1815.  pp.  587-540. 
Session  o/M  846-7. 

For  an  net  directing  the  Register  of  Lands  to  procure  from 
the  commissioner  of  the  gene  rail  and  office  copies  of  documents  re- 
lating to  the  seminary  lands  and  file  the  same  in  his  office:  also 
making  it  his  duty  to  make  out  11  complete  list  of  said  lands,  spec- 
ifying range,  township  and  county,  marking  such  as  had  been  sold, 
the  time  when  sold,  to  whom,  what  remained  unsold,  and  to  file  M 


[16] 

copy  of  said  paper  with  the  secretary  of  the  Board  of  Curators.   See 
Session  Acts  of  1846-7,  pp.  131-2. 

Two  acts  were  passed  during  the  same  session  in  regard  to 
bank  dividends — requiring  the  bank  of  Missouri  to  report  the 
amount  of  dividends  accruing  on  stock  held  in  trust  for  the  Uni- 
versity, to  the  treasurer  of  the  Board  of  Curators,  and  to  pay  over 
to  him  or  place  to  his  credit  the  same.  See  Session  Acts  1846-7, 

pp.  136-7. 

Session  of  1848-9. 

For  an  act  increasing  the  number  of  Curators  to  eighteen — 
one  from  each  judicial  circuit  and  four  from  the  county  of  Boone 
— fixing  their  terms  of  office,  times  of  meeting  and  compensation, 
said  compensation  to  be  paid  out  of  the  seminary  fund;  prescribing 
the  manner  of  filling  vacancies,  and  the  number  necessary  to  con- 
stitute a  quorum,  &e.  See  Session  Acts  of  1848-9,  pp.  129-30. 

For  an  act  providing  for  a  Normal  Professorship  in  the  Uni- 
versity, prescribing  the  duties  of  county  courts  in  the  selection  of 
students  for  free  education  in  the  same,  &c.  See  same  Acts,  pp, 
130-1. 

For  an  act  authorizing  the  curators  to  appropriate  the  ret 
mainder  of  the  subscription  fund  to  the  improvement  of  walks 
leading  to  and  from  the  University,  outside  of  the  campus;  also  au- 
thorizing the  Curators  to  audit  and  allow  any  debt  justly  due  by 
the  trustees  of  Columbia  College  at  the  time  ol  the  location  of  the 
University,  and  to  pay  the  same  out  of  any  money  belonging  to 
the  subscription  fund,  or  which  may  be  collected  from  it,  provid- 
ed said  debts  do  not  amount  to  more  than  $300;  also  an  act  requir- 
ing the  State  Auditor  to  certify  to  the  treasurer  of  the  Curators 
the  balance  of  the  subscription  fund,  uncollected,  and  authorizing 
the  Board  to  employ  some  person  to  collect  the  same.  See  same 
acts,  pp.  1 31-2. 

Session  of  1850-1. 

Three  acts  were  passed  during  this  session  in  regard  to  the 
University:  I.  Requiring  the  State  Auditor  to  draw  his  warrant 
on  the  State  Treasurer,  in  favor  of  the  Treasurer  of  the  University, 
for  any  moneys  in  the  treasury  arising  from  the  sale  of  seminary 
lands,  and  not  invested  in  public  stocks.  2.  Authorizing  the 
Board  to  hold  a  meeting  at  the  Capitol  in  Jefferson  City.  3.  He- 
leasing  from  furr.her  liabilities,  on  certain  conditions,  the 


[173 

tors  of  the  subscription  fund.    See  Session  Acts  1850-1,  pp,  204.-5-6* 

Session  of  1852-3. 

During  this  session  a  single  act  was  passed  in  regard  to  the 
University,  viz:  Authorizing  the  librarian  to  expend  any  moneys 
thereafter  arising  from  the  sale  of  seminary  lands  in  the  purchase 
of  a  library.  See  p.  171. 

Session  of  1854-5. 

But  one  act,  of  two  sections,  was  passed  during  this  session^ 
viz:  requiring  the  curators  to  establish,  in  connection  with  the 
University,  a  primary  school,  under  the  superintending  care  of  the 
President  and  Professors.  Sen  p.  520. 

Session  of  185G-7. 

There  was  no  legislation  during  the  regular  or  called  session 
relating  to  the  University. 

Session  of  1858-9. 

There  was  no  legislation  during  this  session  relating  to  the 
University. 

Session  of  1800-1. 

There  was  no  legislation  during  the  regular  or  called  session 
relating  to  the  University. 

Session  of  \  362-3. 

There  was  no  legislation  during  this  session  in  relation  to  the 
University 


CHAPTER  IX. 


(FROM  THE  REVISED  STATUTES  OF  1879.) 


OF  THE  STATE  UNIVERSITY. 


ARTICLE  I. 
II. 
III. 


The  State  University. 

The  Agricultural  Cellege  and  School  of   Mine*. 
The  Seminary  Fund. 

ARTICLE  J. 


TMK     STATR     UNIVERSITY. 


SECTION 

7229.  University  established. 

7230.  Corporate  name. 

7231.  Curators,  number  of. 

7232.  Governor  to  appoint. 

7233.  Vacancies,  how  filled. 

7234.  Tenure  of  appointee  to  fill  vacan- 

cy. 

7235.  Quorum. 

7236.  Power  of  board  to  appoint  facul- 

7237.  President  and   treasurer  to  sub- 

mit'state  in  c'nt. 

7238.  Curators  to  cause  property  to  be 


inventoried. 

7239.  Qualification  of  curators. 

7240.  Meetings  ot  board. 

7241.  Vacancies  by  removal  or  non-at- 
•     tendance. 

7242.  Oath  of  curators. 

7243.  Officers  of  the  board. 

7244.  \Vho  shall  preside. 

7245.  Special  meetings. 

7246.  Adjourned  meetings. 

7247.  Report  to  legislature. 

7248.  Journal  to  be  kept, 

7249.  Duties  of  secretary. 

7250.  Curators  to  have    access    to  re- 

cords. 

7251.  Duty  of  treasurer. 

7252.  By-laws,  etc. 


!  SECTION 

17253.  Conferring  degrees. 
J72541.  Grants  not  to  be  diverted. 
7255.  Curators  to  improve  and  protect 
property. 

7256.  President   to  have   management 

of  institution. 

7257.  Bookstand  apparatus. 

7258.  List  of  books,  etc.,  to  be  made. 

7259.  Salaries,    when    ant!'    by    whom 

.  paid. 

7260.  Salaries,  \vhen  suspended. 

7261.  Disposition  of  balances. 

7262.  Power  of  board  to  sell   and  con- 

vey land. 

7263.  Publications,  where  made. 

7264.  Expensed  of  curators  to  be  allow- 

ed by  committee. 

7265.  Professor  of  normal  school. 

7266.  The  salary. 

7267.  Students  admissible. 

7268.  How  apportioned  and  notified. 

7269.  Reports  to  state  superintendent. 
[7270.  Disposition  of  reports. 

7271.  Missouri  reports  to  be  furnished. 


7272.  Statutes  to  be  furnished. 

7273.  Statutes  of  other  states. 

7274.  License  to  sell  liquor  prohibited. 

7275.  Penalties. 

to    students,    how 


7276.  Selling  liquoj 
punished. 

SEC.  7229.  University  established. — A  university  is  hereby  in- 
stituted in  this  state,  the  government  whereof  shall  he  vested  iii  a 
board  of  curators.  (G.  S.  251,  §  17. ) 

Sec.  7230.  Corporate  name. — The  university  is  hereby  incor- 
porated and  created  a  body  politic,  and  shall  be  known  by  the 


119] 

name  of  "the  curators  of  the  university  of  the  State  of  Missouri;'1 
and  by  that,  name  shall  have  perpetual  succession;  ppvv.er.  to  sue 
and  be  sued,  complain  and  defend,  in  all  courts;  to  make  and  ji.se 
.a- common  seal,  and  to  alter  the  same  at  pleasure;  to  take,  purchase 
and  hold,  to  sell,  convey  and  otherwise  dispose  of  lands  and  chat- 
ftles.  (G.  S.  251,  §  18.) 

Sec. -72B1.  Curators^  number  of.  -The  board  of  curators  of  the 
state  university  shall  hereafter  consist  of  nine  members,  who  shall 
be  appointed  by  the  governor,  by  and  with  the  consent  of  the  sen- 
ate, three  of  whom  shall  be  residents  of.  the  county  of  Hoon^,  two 
, of  the  county  of  Phelps,  two  of  that  part,  of  the  state  m>>  t.h  of  the 
Missouri  river  and  outside  of  the  county  of  i>oone,  and  {.wo  of  that 
part  of  the  state  south  of  the  Missouri  river  and  outside  the  coun- 
ty of  Phelps;  and  no  person  shall  be  appointed  a  curator  who  shall 
not  have  attained  the  age  of"  twenty-one  years,  or  who  shall  not 
be  a  citr/ei)  of  the  United  States  and  a  resident  of  the  sbito  of  Mis- 
souri two  years  next,  prior  to  his  appointment.  (*)  i  Laws  1 
p.  270,  §3.) 

Sec.  7&J2.  Governor  to  appoint.  -:-Jt  shall  bo  the  duly  of  the 
governor,  as  soon  as  m;<y  be  after  the  passage  of  this  act,  j  \pril 
18th,  1877,]  and  during  the  session  of  the  twenty-ninth  general 
assembly,  to  lay  before  the  siMuito  for  its  confirmation  Hie  names 
of  nine  persons,  competent  under  this  chapter  to  serve  as  curators 
of  the  state  university,  who  shall,  as  soon  as  confirmed  by  the  sen- 
ate, duly  qualify  and  enter  upon  the  discharge  of  their  duties,  and 
continue  in  office  as  herein  provided.  As  soon  as  said  curators 
qualify,  they  shall  meet  and  divide  themselves  into  three  classes  of 
three  members  each,  one  of  which  classes  shall  hold  their  office  ior 
two  years  from  January  first,  eighteen  hundred  and  seventy-seven. 
and  until  their  successors  are  appointed  and  qualified;  one  class  for 
four  years  from  January  first,  eighteen  hundred  and  seventy  seven. 
and  until  their  successors  are  appointed  and  qualified,  and  one 
class  for  six  years  from  January  first,  eighteen  hundred  and  seven- 
ty-seven, and  until  their  successors  are  appointed  and  qualified. 
As  soon  as  such  classification  is  made,  a  certificate  thereof  shall  be 
transmitted  to  the  governor,  who  shall  thereupon  commission  each 
of  said  curators  for  their  respective  terms,  as. indicated  by  said  cer- 
tificate. In  case  any  person  appointed,  by  the  governor  be  reject- 

5,  art.  xi.  of  constitution. 


OF  THB 

HVBESITY 


[20] 

ed  by  the  senate,  the  governor  shall  immediately  appoint  others 
until  the  required  number  sha'J  have  been  appointed  and  confirm- 
ed. (Laws  1877,  p.  271,  §4.) 

Sac.  7233.  Vacancies,  how  filled. — During  the  session  of  the 
general  assembly  in  eighteen  hundred  and  seventy-nine,  and  each 
regular  biennial  session  thereafter,  the  governor  shall,  by  and  with 
the  consent  of  the  senate,  Jill  all  vacancies  caused  by  the  expira- 
tion of  the  term  of  office  of  any  curator,  and  he  shall  also  fill  all 
vacancies  occasioned  by  death,  resignation  or  removal  which 
may  occur  while  the  general  assembly  is  not  in  session;  but  all 
such  appointees  shall  continue  in  office  only  until  the  meeting  of 
the  general  assembly  next  thereafter  and  until  their  successors  be 
appointed  and  qualified.  All  vacancies  which  may  exist  at  or  dur- 
ing the  meeting  of  the  biennial  sessions  of  the  general  assembly, 
caused  by  death,  resignation  or  removal,  shall  be  filled  in  like  man* 
ner  as  those  created  by  expiration  of  official  terms,  and  shall  be 
only  for  the  unexpired  time  of  the  party  whose  vacancy  is  thereby 
filled.  (Laws  1877,  p.  271,  §5.) 

Sec.  7234.  Tenure  of  appointee  to  fill  vacancy. — All  appoint- 
ments to  fill  vacancies,  (except  such  as  may  be  made  to  till  out  un- 
expired terms,)  shall  be  for  the  terms  of  six  years,  and  until  the 
successors  of  such  appointees  shall  be  appointed  and  qualifier!. 
(Laws  1877,  p.  271,  §6.) 

Sec.  7235.  Quorum. — At  all  meetings  of  the  board  of  cura- 
tors, seven  members  shall  be  necessary  to  constitute  a  quorum  for 
the  transaction  of  business.  (Lnws  1877,  p.  270,  §  1.) 

Sec.  7230.  Power  of  board  to  appoint  facility. — The  curators 
shall  have  power  to  appoint  and  remove,  at  discretion,  the  presi- 
ideut,  professors  and  tutors  of  the  university,  to  define  and  assign 
their  powers  and  duties,  and  to  fix  their  compensation.  (Laws 
1877,  p.  270,  §2.) 

Sec.  7237.  President  and  treasurer  to  submit  statement. — The 
president  and  treasurer  of  the  university,  residing  at  Columbia, 
and  the  treasurer  of  the  school  of  mines  and  metallurgy,  residing 
at  Holla,  shall,  at  each  annual  meeting  of  the  board,  prepare  and 
submit  to  the  board  a  carefully  prepared  statement  of  the  proba- 
ble amount  of  income,  as  near  as  may  be,  of  the  university  and  all 
its  departments  for  the  year  following,  and  the  curators  shall  there- 
upon make  an  estimate  of  the  probable  expenses  of  the  institution 


[21] 

and  each  of  its  departments  for  the  ensuing  year,  based  upon  the- 
statements  above  mentioned,  and  make  the  necessary  appropria-. 
tions  to  meet  said  expenses  for  the  current  year;  and  in  no  instance, 
shall  the  board  of  curators  create  any  indebtedness  in  any  one  year 
above  what  they  can  pay  out  of  the  annual  income  of  said  year. 
(Laws  1877,  p.  271.  §7.) 

Sec.  7238.  Curators  to  catise  property  to  be  inventoried. — The 
curators  shall  cause  to  be  made  out  and  recorded  in  H  strong  and 
well  bound  book,  to  be  provided  by  the  secretary  for  the  purpose,a 
careful  and  complete  inventory,  of  the  property,  real  and  personal, 
belonging  to  the  university,  including  e:i.ch  department  thereof 
and  specifying  separately  all  property  of  whatever  kind  belonging 
to  each  department  of  the  institution,  and  it  shall  be  the  duty  of 
the  secretary  of  the  board,  from  time  to  time,  to  record  in  said 
book  a  description  of  all  property  at  any  time  purchased  for  the  use 
ot  the  institution,  or  any  department,  with  the  exact  cost  of  the 
same;  and  in  order  to  preserve  said  property  from  waste  or  injury,, 
it  shall  be  the  duty  of  the  board,  at  least  once  in  every  year,  by 
proper  committees  appointed  for  that  purpose,  to  examine  careful- 
ly all  said  lists  of  property  to  see  that  the  same  is  well  preserved,. 
and  to  report  the  results  of  their  examinations  to  the  board,  in 
writing,  which  reports  shall  be  filed  and  recorded  by  the  secretary. 
(Laws  1877,  p.  271,  §8.) 

Sec.  7239.  Qualification  of  curators. — No  person  shall  be- 
chosen  a  curator  who  shall  be  in  anywise  related  or  of  kin  to  any 
member  of  the  faculty  in  office  at  the  time  of  his  election,  and  any 
person  so  elected  shall  be  ineligible  to  hold  such  office.  (G.  S,' 
251,  §22.) 

Sec.  7240.  Meetings  of  board.— There  shall  be  two  regular 
meetings  of  said  board  of  curators  in  each  year,  to  be  holden  intre 
university  edifice,  or  in  the  town  of  Columbia;  the  first  meeting 
shall  be  deemed  the  annual  meeting,  for  all  the  purposes  of  this 
chapter,  and  shall  be  held  on  the  first  Monday  in  July;  and  the 
second  meeting,  on  the  fourth  Monday  in  December,  unless  differ- 
ent days  shall  be  fixed  upon  by  said  board.  (G.  S.  251,  §  23.) 

Sec.  7241.  Vacancies  iy  removal  or  non-attendance. — If  any 
curator  shall  remove  from  the  district  in  which  he  resided  at  the 
time  of  his  appointment,  orsha1!  neglect  to  attend  three  successive 
regular  meetings  of  the  board,  his  office  shall  become  vacant;  and 


[223 

if  a  vacancy  shall  occur  by  death,  resignation,  or  from  any  other 
cause,  the  governor  shall,  without  delay,  lill  such  vacancy  by  ap- 
pointment, and  the  person  so  appointed  shall  serve  until  the  next 
regular  meeting  of  the  general  assembly,  and  until  his  successor  is 
appointed  and  qualified.  (Laws  1808,  p.  175,  §  8.) 

Sec.  724-2.  Oath  of  curators. — The  curators  shall  severally  take 
an  oath  to  support  the  constitution  of  the  United  States  and  of 

this  state,  and  faithfully  de?i»ean  themselves  in   office.     (G.  S.  251,. 
§26.) 

Sec.  724)3.  Officers  oj  the  hoard.  There  shall  be  a,  president: 
and  vice-president  of  the  board,  who  shall  be  chosen  by  the  bonrd 
from  the  members  thereof;  a,  secretary,  treasurer,  and  such  other 
officers  of  the  board  as  they  shall  deem  necessary,  w"ho  shall  be  ap- 
pointed by  the  board  and  hold  their  offices  during  the  pleasure  of 

the  board.     (G.  S.  251,  §27.) 

Sec.  7244.    Who  shall  preside.     The  president,  and  if  he  be 

absent,  the  vice-president,  and,  if  both  be  absent,  a  curator,  chosen 
for  the  occasion,  shaJl  preside  at  the    meetings   of  the  board,  and 
have  a  casting  vote  in  case  of  equal  division.     (G.  S.  252.  §  28.) 
Sec.  7240.   Special  meetings.  --The  president  of  the  board,aud 

until  his  election,  or  in  case  of  his  absence  or  disability,  any  three 
curators,  shall  have  power  to  call  a  special  meeting  of  the  board  at 
the  place  of  holding  the  annual  meetings;  provided,  they  give  time- 
ly notice  thereof,  in  such  form  as  the  board,  at  its  annual  meeting, 

stall;  by  resolution,  prescribe.     (G.  S.  252,  §  2i).) 

SeC.  7246.  Adjourned  meetings.     Adjourned  meetings  may  be 

ordered  and  held  by  the  board,  at  such  time  and  place  as  shall  be 

agreed  upon  by  them.     (G;  S.  252,  §  oO. ) 

Sec.  7247.  Report  to  legislature.     It  shall  be  the  duty  of  said 

board  of  curators  to  cause  to  be  furnished  to  the  legislature,  at 
each  regular  meeting  thereof,  and  within  the  first  three  weeks  of 
the' session,  a  list  of  the  names  of  all  the  students  that  may  have 
been  taught  at  said  institution  during  the  two  preceding  years,  giv- 
ing the  names,  the  ages,the  place  of  residence  of  each,and  the  time 
that  each  one  has  been  taught,  as  well  as  the  tuition  fees  charged 
per  session  for  the  various  branches  of  study.  It  shall  likewise  be 
the  duty  of  the  treasurer  of  said  board  to  furnish  the  legislature 
with  an  abstract  of  the  amounts  annually  paid  to  the  president  and 
each  professor,  teacher  or  other  officer  of  said  institution.  (G.  S. 
'252.  §32.) 


[23} 

Sec.  7248.  Journal  to  be  kept.— The  secretary  shall  keep  ft- 
journal  of  the  proceedings  of  the  curators,  in  which  the  ayes  and 
noes  on  all  questions  shall  be  entered,  if  requested  by  any  one  of 
the  curators  present.  (G.  S.  252,  §  33.) 

Sec.  7249.  Duties  of  secretary. — It  shall  be  the  duty  of  the 
secretary  to  keep  and  preserve  all  records,  books  and  papers  be- 
longing to  the  board;  to  prepare,  under  the  direction  of  the  board, 
all  their  reports,  estimates,  etc.,  and  record  the  same  in  a  book  to 
be  kept  for  that  purpose,  and  generally  io  do  and  execute  all  such 
matters  and  thingvS  as  belong  to  his  office,  and  may  be  required  of 
him  by  the  curators;  and  his  compensation  shall  be  fixed  by  the 
board.  (G.  S.  252,  §34.) 

Sec.  7250.  Curators  to  have  access  to  records. —  Each  curator 
and  member  of  the  faculty  shall,  at  all  times,  have  access  to  and 
be  permitted  to  take  copies  of  any  or  all  records,  books  and  papers 
of  the  board.  (G.  S,  252,  §  35.) 

Sec.  7251.  Duty  of  treasurer.  It  shall  be  the  duty  of  the 
treasurer  to  receive,  keep  and  disburse  all  moneys  belonging  to  the 
board,  and  to  perform  all  customary  acts  pertaining  to  his  office, 
under  direction  of  the  curators,  and  to  make  report  of  the  same  at 
the  annual  meeting  of  the  board.  (G.  S.  252,  §  36.) 

Sec.  7252.  By-laws,  etc. — The  curators  shall  have  power  to 
make  such  by-laws  or  ordinances,  rules  and  regulations,  as  thej 
may  judge  most  expedient  for  the  accomplishment  of  the  trust  re- 
posed in  them,  and  for  the  government  of  their  officers  and  to  se- 
cure their  accountability.  (G.  S.  252,  §  37.) 

Sec.  7253.  Conferring  degrees. — The  curators  shall  have  au- 
thority to  confer,  by  diploma,  under  their  common  seal,  on  any 
person  whom  they  may  judge  worthy  thereof,  such  degrees  as  are 
known  to  and  usually  granted  by  any  college  or  university.  (G.  S. 

252,  §38.) 

Sec.  7254.   Grants  not  to  be  diverted. — Grants  made  to  the  cu*- 

rators  for  specified  purposes  and  uses,  shall   not  be  applied,  either 
wholly  or  in  part,  to  any  other  uses.     (G.  S.  252,  §  39.) 

Sec.  7255.  Curators  to  improve  and  protect  property. — It  shall 
be  the  duty  of  the  curators  to  provide  for  the  protection  and  im- 
provement of  the  site  of  the  state  university,  as  selected  and  es- 
tablished by  law;  to  erect  and  continue  thereon  all  edifices  design^ 
ed  for  the  use  and  accommodation  of  the  officers  and  students  of 


[24] 

the  university,  and  to  furnish  and  adapt  the  same  to  the  uses  of 
the  several  departments  of  instruction.     (G.  S.  253,  §  40.) 

Sec.  7256.  President  to  have  management  of  institution. — It 
shall  be  the  duty  of  the  president  of  the  university,  among  other 
things,  to  superintend  and  direct  the  care  and  management  of  the 
institution  and  its  grounds,  and  to  make  and  transmit  to  the  cu- 
rators, at  each  annual  meeting  thereof,  a  report  of  the  state  and 
Condition  thereof,  containing  such  particulars-  as  the  curators  shall 
require.  (G.  S.  253,  §  43.) 

SEC.  7257.  Books  and  Apparatus. — The  president,  professors 
and  tutors  shall  each  have  the  care  and  management  of  the  books 
and  apparatus  belonging  to  their  respective  departments,  and  the 
librarian  the  care  and  superintendence  of  the  library.  (G.  S. 
253,  §44.) 

SEC.  7258.  List  of  books,  etc.,  to  be  made.—li  shall  be  the 
duty  of  the  librarian,  and  eacJi  professor  having  the  care  of  any 
portion  of  the  books  or  apparatus  belonging  to  the  institution,  to 
make  out  a  complete  list  of  the  same,  specifying  the  additions 
which  have  been  made  thereto  during  the  preceding  year,  and  at 
what  cost,  and  submit  a  report  thereof,  in  writing,  to  the  curators 
at  each  annual  meeting.  (G.  S.  253,  §  45.) 

SEC.  7259.  Salaries,  when  and  by  whom  paid.—r- The  salary  of 
each  officer  of  the  university  shall  be  payable  semi-ami ually ;  and 
it  shall  be  the  duty  of  the  president  of  the  board  of  curators  to 
draw  his  warrant  accordingly  on  the  treasurer  of  the  board,  paya- 
"ble  to  the  order  of  the  officer  therein  named,  and  bearing  interest 
at  the  rate  of  six  per  centum  per  annnm  from  the  time  it  is  pre- 
sented to  the  treasurer  of  the  board  for  payment  till  paid.  (G.  S. 
253,  §46.) 

SEC.  7260.  Salaries,  when  suspended. — Should  the  president 
or  any  professor,  tutor,  or  other  person  holding  office  in  the  uni- 
versity, by  election,  appointment,  contract  or  engagement  of  the 
board  of  curators,  fail  to  discharge,  for  any  length  of  time,  his  of- 
ficial duties,  without  having  obtained  the  permission  of  said  boardT 
the  salary  or  compensation  of  such  president,  professor,  tutor,  or 
other  person  holding  office  in  the  university,  shall  cease  for  the 
time  he  may  so  fail  to  discharge  his  official  duties,  and  no  compen- 
sation shall  be  allowed  for  such  time;  but  if  said  board  shall  be 
-satisfied  that  said  president,  professor,  tutor,  or  other  person  hold- 


^ 

VBB 

f25] 

.Xs&FoflL 

ing  office  in  the  university,  as  aforesaid,  had  good  cause  for  failing 
to  discharge  his  official  duties,  then  no  part  of  his  salary  or  com- 
pensation shall  be  deducted  or  withheld  on  account  of  such  failure. 
(G.S/253,  §47.) 

SEC.  7261.  Disposition  of  balances. — The  balance  of  the  in- 
crease of  the  seminary  fund,  after  payment  of  salaries  for  each 
current  year,  shall  be  applied  as  follows:  First,  to  payment  of  ar- 
.  rears  of  salaries  and  necessary  repairs  of  buildings;  second,  to  pro- 
vide for  library,  apparatus  and  cabinet;  third,  to  improvement  of 
buildings  and  grounds;  fourth,  surplus  to  be  invested  as  provided 
in  this  chapter.  (G.  S.  253,  §48.) 

Sec.  7262.  Poiuer  of  board  to  sell  and  convey  land. — The  cura- 
tors are  hereby  authorized  to  sell  and  convey  to  the  purchaser,  by 
deed,  under  the  common  seal  of  the  board,  all  lands  which  have 
been  donated,  from  any  source  whatever,  ior  the  use  and  benefit  of 
the  university,  except  twenty  acres  for  the  university  site,  and  to 
apply  the  proceeds  to  the  use  of  the  institution;  and  the  avenue 
around  the  university  campus  is  hereby  declared  a  highway  for 
permanent  public  use.  (G.  S.  254,  §  49.) 

Sec.  7268.  Publications,  ivhercmadc. — All  newspaper  publica- 
tions necessary  to  be  made  by  the  curators,  or  the  president  and 
faculty,  for  the  benefit  of  the  university,  shall  be  inserted  in  the 
newspaper  or  newspapers  printed  in  the  county  of  Boone,  and  in 
such  other  newspapers  as  the  board  of  curators  may  select.  (G. 
S.  254,  §50.) 

Sec.  7264.  Expenses  of  curators  to  be  allowed  by  committee. — • 
The  accounts  of  said  curators,  shall  be  allowed  by  a  committee 
appointed  for  that  purpose;  and  the  treasurer  shall  pay  such  al- 
lowances out  of  the  seminary  fund,  keeping  a  correct  account  of 
the  same,  as  well  as  all  other  allowances  of  every  kind  and  charac- 
ter; and  the  treasurer  shall  lay  before  the  general  assembly,  at 
each  regular  meeting  thereof,  and  within  the  first  three  weeks  of 
the  session,  a  certified  copy  of  all  such  allowances  and  payments 
as  may  be  ordered  by  said  board.*  (G.  S.  254,  §  52.) 

Sec.  7265-  Professor  of  normal  school. — The  curators  of  the 
university  are  hereby  authorized  and  required,  as  soon  as  practica- 
ble, to  establish  an  additional  professorship,  to  be  devoted  to  the 
theory  and  practice  of  teaching,  to  be  called  "the  normal  profess- 

*  Fer  compensation  of  curators,  se?  §  7290. 


[26] 

orahip,"  and  to  call  some  suitable  individual  to"  the  charge  of 
professorship.     ( G.  S.  254,  §  56. ) 

Sec!  7230.  The  salary.— ^^  the.  support  of  said  professor- 
ship, there  is  hereby  appropriated  the  sum  of  one  thousand  dollars 
per  annum,  to  be  paid  out  of  the  income  of  the  seminary  fund  of 
the  state.  (0.8.  254,  §  57.) 

Sec.  7267.  Students  admissible. — All  youths,  resident  of  the 
state  of  Missouri,  betwixt  the  ages  of  sixteen  and  twenty-five  • 
years,  shall  be  admitted  to  all  the  priveleges  and  advantages  of  the 
preparatory  department,  also  to  the  various  classes  of  the  practi- 
cal, scientific  and  literary  departments  of  the  state  university ,upon 
the  payment,  annually,  of  an  entrance  fee,  in  lieu  of  all  charges 
of  tuition,  and  which  shall  not  exceed  ten  dollars;  provided,  that 
each  applicant  for  admission  therein  shall  possess  such  scholastic 
attainment  and  mental  and  moral  qualifications  as  shall  be  pre- 
scribed in  rules  adopted  and  established  by  the  board  of  curators ; 
and,  provided  further,  that  nothing  herein  enacted  shall  be  con- 
strued to  prevent  the  board  of  curators  from  establishing  such 
fee,  for  library  and  incidental  expenses,  not  to  exceed  five  dollars 
per  term,  as  they  may  find  necessary.  (Laws  1872,  p.  168,  §  1. 

Sec.  7268.  How  apportioned  and  notified. — It  shall  be  the  du- 
ty of  the  board  of  curators  to  establish  such  rules  as  will  entitle 
each  county  in  the  state  to  its  proper  number  of  students,  to  be 
determined  by  the  proportion  of  the  number  of  all  the  youths  in 
each  county,  as  compared  with  the  entire  number  in  the  state,  be- 
twixt the  ages  of  sixteen  and  twenty-five  years;  and  in  order  to 
ascertain  its  proportion,  it  shall  be  the  duty  of  the  state  superin- 
tendent of  public  schools,  each  year,  on  or  before  the  fourth  day 
<of  July^  to  transmit  to  the  secretary  of  the  board  of  curators  a 
•  certified  list,  as  near  as  he  can,  of  the  number  of  youth  in  each 
'county,  betwixt  the  ages  of  sixteen  and  twenty-five;  and  thereupon 
the  secretary  of  the  board  of  curators  shall  cause  to  be  transmit- 
ted to  the  clerk  of  each  county  court  in  this  state  a  certificate, 
stating  the  number  of  pupils  that  such  county  is  entitled  to  send 
to  the  state  university  the  next  scholastic  year,  which  certificate- 
shall  be  published  by  eat-h  county  clerk  for  two  weeks,  in  a  news- 
peper  published  in  such  county,  the  expense  thereof  to  be  allowed 
by  the  county  court  and  paid  for  out  of  the  county  treasury;  and 
there  is  no  newspaper  in  the  county,  such  eirtifieate  to  be 


[27} 

put  'up  c6nspicuou»l^  in  the  office  of  the  county  court  clerk;  and 
it  shall  b£  the  duty  Of  each  county  court  c)erk  to  transmit  to  the 
secretary  of  the  board  of  curators ,  on  or  before  the  first  day  of 
September,  of  each  year,  a  list  of  the  names  of  all  the  youth  who 
intend  to  make  application  for  entrance  into  the  state  university 
from  such  county  at  the  commencement  of  the  ensuing  session; 
and  if  there  is  any  failure  of  any  county  clerk  to  transmit  such 
list  within  the  time  specified,  from  any  C9unty,  then  the  vacancies 
from  such  county  may  be  filled  by  students  coming  from 
any  other  county  in  the  state,  as  the  curators  may  direct.  (Laws 
1872,  p.  168,  §  2.) 

Sec.  7200.  Reports  to  state,  superintendent. — The  curate  rs 
of  the  state  university,  the  trustees  of  other  state  institutions  for 
purposes  of  education,  and  others  having  authority  and  being  re- 
quired by  the  law  now  existing  so  to  do,  shall  hereafter  report  to 
the  state  superintendent  of  public  schools,  on  or  before  the  first 
day  of  November  of  each  year,  concerning  the  condition, 
improvements  and  necessities  of  the  said  institutions,  which 
report  shall  be  published  as  apart  of  the  state  superintendent's 
annual  report.*  (Laws  1870,  p.  71,  §  1.) 

Sec.  7270.  Disposition  of  reports. — Fifty  copies  of  such  '  re- 
port shall  be  reserved  for  the  use  of  each  public  institution  so  re- 
porting, and  ten  copies  shall  be  bound  in  suitable  manner  and  pre- 
served in  the  state  library.  (Laws  1870,  p.  71,  §  2.) 

Sec.  7271.  Missouri  reports  to  be  furnished. — The  secretary 
of  state  is  hereby  required  to  procure  and  furnish  to  the  library  of 
the  law  department  of  the  university  of  the  state  of  Missouri  a 
full  set  of  the  decisions  of  the  supreme  court  of  said  state,  together, 
with  such  digest  of  the  same  as  may  be  hereafter  select. -d  by  the 
dean  of  the  law  faculty,  and  shall  also  furnish  to  said  library  the 
current  volumes  of  said  reports  as  they  shall  be  published.  (Laws 
1874,  p.  184,  §1.) 

Sec.  7272.  Statutes  to  bejiirnishcd. — He  shall  also  furnish',  as 
aforesaid,  a  copy  of  the  last  edition  of  Wagner's  statutes,  and  in. 
future  a  copy  of  each  revision  or  publication  of  the  statutes  of  the, 
state,  as  shall  be  made  or  approved  by  the  general  assembly.* 
(L.iws  1874,  p.  184,  §2.) 

Sec.  7273.   Statutes  of  other  states. — He  shall  also,  forthwith^ 
*  See  §  5879  for  exceptions. 


[28] 

and  from  time  to  time,  procure  for  said  library  the  current  colla- 
ted or  revised  statutes  of  the  several  states,  so  far  as  it  can  he  done 
by  exchanging  for  the  same  statutes  of  this  state,  named  in  the 
preceerling  section.  (Laws  1874,  p.  184,  §  3.) 

Sec.  7274.  License  to  sell  liquor  prohibited. — Hereafter  no  li- 
cense shall  be  granted  to  sell  intoxicating  liquors  in  any  quanti- 
ties less  than  one  gallon,  at  any  place  within  the  distance  of  three 
miles  from  the  edifice  of  the  state  university  of  Missouri.  (Laws 
1875,  p.  75,  §  1.) 

Sec.  7275.  Penalties. — In  addition  to  the  penalties  now  im- 
posed upon  persons  who  shall  sell  intoxicating  liquors  in  less 
quantity  than  one  gallon,  without  license,  persons  violating  the 
next  preceedi  ig  section,  after  conviction,  shall  not  be  granted  li- 
cense to  deal  •  ither  as  a  merchant,  druggist  or  confectioner,withiii 
the  distance  o,' three  miles  of  said  university  edifice.  (Laws  !Sy5, 
p.  75,  §  2.) 

Sec.  727G.  Selling  liquor  to  students,  tioiv  punished. — Any 
person  who  shall  knowingly  sell,  gire,  or  in  any  manner  dispose 
of  any  intoxicating  liquor  to  any  student  of  the  state  university, 
or  of  any  school,  college  or  academy  in  this  state,  shall  be  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction,  be  punished  by  a 
fine  of  not  less  than  forty  nor  more  than  four  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  not  less  than  three  months, 
nor  more  than  one  year,  or  by  both  su«;h  fine  and  imprisonment, 
provided,  that  it  shall  be  lawful  for  druggists  to  sell  or  give  such 
liquor  to  any  student  upon  the  written  prescription  of  a  regular 
practicing  physician  in  good  standing,  or  upon  the  written  order 
of  the  president  of  the  university  or  college,  or  the  principal  of 
the  school  or  academy  at  wh'ch  such  student  may  be  in  attend- 
ance, or  by  the  written  order  or  consent  of  the  parent  or  guardian 
of  such  student:  provided,  that  nothing  in  this  section  shall  be  so 
construed  as  to  apply  to  any  mercantile  or  business  college- 
(Laws  1877,  P-  273,  §  1.) 


ARTICLE  II. 


THE  AGRICULTURAL  COLLEGE  AND  SCHOOL  CI*  MINES. 


SECTION. 

727: 


Agricultural  college  and  school 
of  mines. 

Objects  pi  these  colleges. 

Rights  of  students. 

Faculty. 

Right  to  confer  degrees. 

Condi  lion «>  ot  location. 

Funds,  how  raised. 

Curators   to   receive     subscrip- 
tions, etc. 

School  of  mines,  location  of. 

Subscriptions  may  be  taken. 
7287.     Institution,  by  whom  located. 

Act  to  become  void,  when. 

Curators  to  report  annually. 

Appointment  of  visitors — com- 
pensation of  curators. 


7278. 
7279. 
7280, 
7281. 
7282. 
7283. 


7*5- 

7.86. 


7288. 
7.8> 
7:90. 

7291. 


7292. 
7-293- 
7-'94- 
7295- 


Commissioner     ot      lands     ap- 
pointed. 

Otrice  of,  where  kept. 
May  lease  lands. 
Leased  lands  liable  to   taxation. 
Le >sees  mav  purchase. 


Commissioner  to   report   quar-i7ji4. 


SliCTIOX. 

terly. 

7297.     Shall  make  quarterly  statement. 
72^8.     Proceeds  of   sale,  how  invested. 
7:9;.     Pre-emption  rights. 
73 jj.     President    of   board    to     make 

deed. 
7331.     Bonds  to  he   deposited,  where — • 

treasurer  of  university  to  give 

Uond,  etc. 

7302.  Exemptions  from  taxation. 

7303.  Curators  to   take    possession   of 

geological  prwpeitv. 

7304.  To  transfer  to  school  of  mines. 

7305.  Professorship  of  geology. 

7306.  Treasurer  of  school  of  mines. 

7307.  To  he  appointed  by  curators. 

7308.  To  give  bond. 

73  ig.     Duty  of  treasurer  of  unversity. 

7310.  Report  of  treasurer  of  schojl  of 

mines. 

7311.  Compensation. 

73(2.     Liabilities. of  treasurers. 
7313.     Disposition  of  bonds. 

Punishment  fo;  trespasses. 


Sec.  7277.  Agricultural  college  and  school  of  mines  estab- 
lished.— There  is  hereby  established  the  agricultural  and  mechan- 
ical college  and  a  school  of  mines  and  metallurgy,  provided  for  by 
the  grant  of  the  congress  of  the  United  States,  as  a  distinct  de- 
partment of  the  university  of  the  State  of  Missouri.  (Laws  1870, 
p.  15,  §  1.) 

Sec.  7278.  Objects  of  these  colleges. — The  leading  objects  of 
said  colleges  shall  be  to  teach  such  branches  as  are  related  to  ag- 
riculture and  the  mechanic  arts  and  mining,  including  military 
tactics  and  without  excluding  other  scientific  and  classical  studies, 
in  order  to  promote  the  liberal  and  practicul  education  of  the  in- 
dustrial classes  in  the  several  pursuits  and  professions  of  life. 
(Laws  1870,  p.  15,  §2.) 

Sec.  7279.  Rights  of  students. — To  effect  the  said  leading  ob- 
jects of  the  colleges,  as  herein  established,  it  is  provided  that  the 
students  and  members  thereof  shall  be  admitted  to  the  libraries, 
museums,  models,  cabinets  and  apparatus,  and  to  all  lectures  and 


[3D] 

instructions  ot  the  university,  which  now  exist  or  may  hereafter 
exist,  and  to  all  other  rights  and  privileges  thereof,  in  a  manner 
as  full  and  ample  as  are  the  students  of  any  other  department  in 
said  university;  and  to  provide  for  instruction  in  military  tactics 
as  herein  required,  it  is  enacted  that  in  case  a  system  of  military 
education  shall  lie  established  by  congress,  the  state  university  is 
hereby  required,  by  law,  to  make?  the  necessary  provision  for  car- 
rying out  the  plan  so  established  in  connection  with  the  institu- 
tion; and,  furthermore,  there  is  hereby  established  and  created  n 
perpetual  fund,  to  be  styled  the  "agricultural  and  mechanical 
fund,11  to  be  derived  from  the  sale  or  lease  of  the  three  hundred 
and  thirty  thousand  acres  of  land  granted  by  congress  to  the  State 
of  Missouri,  by  virtue  of  an  act  approved  July  the  second,  eighteen 
hundred  and  sixty -t wo,. entitled  '  "an  act  donating  lands  to  the  sev- 
,eral  states  and  territories  which  may  provide  colleges  for- the  bene- 
fit of  agriculture  and  the  mechanic  ir'ts,"  and  from  all  additions  to 
the  same  from  public  or  private  bounty,  the  principal  of  which 
fund  shall  remain  forever  inviolate  and  undiminislied,  to  be  invest- 
ed in  the  manner  hereinafter  specified,  and  the  income  thereof 
shall  be  placed  at  the  disposal  of  the  board  of  curators  of  the  uni- 
versity of  the  state.  Three-fourths  of  which  income  shall  be  for 
the  support  of  the  agricultural  and  mechanical  college  aforesaid. 
and  the  remaining  one-fourth  for  tbe  support  of  the  school  of 
mining  and  metallurgy  hereinafter  provided  for,  in  accordance 
.with  the  provisions  of  this  article,  and  .the  acts  of  c:»igra.ss  afore- 
said. (Laws  1870,  p.  16,  §  8,) 

Sec.  7280.  Faculty.  The  agricultural  and  mechanical  college 
arid  the  school  of  mining  and  metallurgy,  herein  provided  for, 
shall  have  each  a.  separate  and  distinct, faculty,  whose  officers  and 
professors  may  be  the  same,  in  whole  or  in  part,  as  the  officers 
and  professors  in  other  colleges  and  departments  of  the  university. 
(Laws  ISyO,  p.  10,  §4.) 

Sec.  7281.  Right  to  confer  degrees.- -The  agricultural  and 
mechanical  college  and  the  school  of  mines  and  metallurgy  shall 
have  power  to  confer  degrees  suitable  to  their  designs  and  courses 
of  studies.  (Laws  1870,  p.  16,  §  5.) 

Sec.  7282.  Conditions  of  location. — [n  consideration  ol  the 
permanent  location  of  the  agricultural  and  mechanical  college  in  conr 
nection  with  the  state  university,  the  county  of  Boone  shall  donate 


[31] 

not. less  than  thirty  .thousand  dollars  hi  cash,  to  be  used  in  erect- 
ing  such  buildings  and  making  such  improvements  as  may  be 
needed  for  such  college,  and  also  for  buying  stock  for,  and  making 
improvements  on  a  model  or  experimental  farm  of  not  less  than 
six  hundred  and  forty  acres  of  land,  located  convenient  to  the 
present  university  grounds,  and  to  be  donated  by  said  county  of 
Boone  in  addition  to  said  sum  of  thirty  thousand  dollors  in  cash. 
The  title  to  said  laud  to  be  clear  and  indisputable,  to  be  bought 
.without  any  charge  whatever  to  the  state  or  to  the  agricultural 
college  fund,  and  to  be  conveyed  to  the  State  of  Missouri  by  deed 
of  general  warranty,  the  consideration  expressed  therein  being  the 
location  of  said  agricultural  and  mechanical  college  in  connection 
with  the  state  university,  and  that  the  same  shall  be  held  for  the 
uses  and  purposes  of  said  agricultural  aud  mechanical  college. 
(Laws  1870,  p.  16,  §8.) 

Sec.  7283.  Funds,  hoiv  raised. — In  order  to  raise  the  amount 
of  money  and  purchase  the  quantity  of  land  specified  in  the  last 
ssction,  voluntary  individual  subscriptions  may  be  made  and  re- 
ceived, and  the  form  of  the  subscription  shall  be  thus:  We,  the 
"undersigned,  agree  aud  bind  ourselves  to  pay  to  the  curators  of  the 
university  of  the  State  of  Missouri,  the  sums  respectively  set  oppo- 
site to  our  names,  whenever  the  same  may  be  demanded  and  upon 
tho  condition  that  the  agricultural  and  mechanical  college  is  loca- 
ted in  connection  with  the  state  university  at  Columbia,  and  the 
corporate  authorities  of  the  town  of  Columbia  and  the  coun- 
ty court  of  Boone  county,  are  hereby  authorized  and  empow- 
ered, respectively,  to  issue  bonds  of  the  corporation  of  the  town  of 
Columbia  and  of  the  county  of  Boone  in  such  sums  as  they  may 
agree  upon,  to  run  not  longer  than  twenty  years  and  bearing  in- 
terest at  a  rate  not  exceeding  ten  per  centum  per  annum,  payable 
semi-annally;  which  bonds  shall  be  properly  executed  and  deliver- 
ed to  the  curators  of  the  university  of  the  State  of  Missouri,  to  !>* 
by  them  sold  and  converted  into  cash,  to.  be  used  in  the  erection 
of  the  necessary  buildings,  buying  stock  and  making  improve- 
ments,, as  set  forth  in  the  preceding  section,  and  in  the  purchase 
,  ot  the  six  hundred  ajtid  forty  acres  of  laud  required  to  be  donated 
by  this  article;  and  said  corporation  of  the  town  of  Columbia  and 
the  county  court  of  Boone  county  shall  have  power  to  levy  such 
',  tax,  under  the /constitution  and -laws  of  this  state,  as  may  be  need*- 


[32] 

ed  to  m?et,  according  to  the  terras  of  the  bonds,  the  payment  reg- 
ularly of  the  interest  thereon  and  the  principal  when  due.  (Laws 
1870,  p.  17,  §9.) 

Sec.  7284.  Curators  to  receive  subscriptions,  etc. — The  mem- 
bers of  the  board  of  curators  residing  in  Boone  county  are  hereby 
fully  authorized  to  receive  the  subscriptions  and  to  purchase  the 
lands  referred  to  in  the  foregoing  sections,  and  to  pay  for  the  same 
either  in  cash  or  bonds,  as  may  be  agreed  upon,  and  when  the  sum 
required  shall  be  subscribad,  the  bonds  issued  and  lands  purchased 
and  deeded  to  the  state,  as  contemplated  by  this  article,  the  attor- 
ney-general of  the  state,  the  state  superintendent  of  public  schools, 
in  connection  with  Philemon  Bliss,  Edward  Wyman,  J.  W.  Mat- 
thias, Robert  L.  Todd  and  Paul  Hubbard,  members  of  the  board  of 
curators,  shall  act  as  commissioners  to  see  tint  the  conditions  here- 
in, contained  have  been  fully  complied  with,  and  being  satisfied 
thereof,  a  majority  of  them  shall  make  out  and  sign  a  certificate 
stating  the  facts,  which  certificate  shall  be  filed  in  the  office  of 
the  secretary  of  state,  and  a  duplicate  copy  thereof  shall  be  fi^ed 
with  the  treasurer  of  the  board  of  curators,  and  thereupon  the  said 
agricultural  and  mechanical  college  shall  be  fixed  and  permanent- 
ly located  in  connection  with  the  university  of  the  state.  (Laws 
1870,  p.  17,  §10.) 

Sec.  7285.  School  of  mines,  location  of. — The  school  of  mines 
and  metallurgy,  herein  provided  for,  shall  be  located  in  the  miner- 
al district  of  southeast  Missouri,  but  in  consideration  therefor  any 
county  having  mines  therein  within  such  district  shall  donate  to 
the  board  of  curators,  for  building  and  other  purposes  of  said 
school,  not  less  than  twenty  thousand  dollars  in  cush,  and  not  less 
than  twenty  acres  in  land,  on  which  to  erect  buildings  for  the  use 
of  said  school,  and  lots  of  mineral  land  in  such  quantity,  quality 
and  kind  as  may  be  deemed  necessary  for  said  school  for  practical 
and  experimental  mining;  the  title  of  said  land  to  be  clear  and  in- 
disputable, to  be  bought  without  charge  whatever  to  the  state  or 
to  said  agricultural  college  fund,  and  to  be  conveyed  to  the  State 
of  Missouri  by  general  warranty  deed  for  the  uses  and  purposes  of 
said  school  of  mines  and  metallurgy;  and  further,  the  said  school 
shall  be  located  in  that  county,  by  a  committee  of  the  board  of  cu- 
rators selected  for  such  purpose,  which  shall  so  give  the  greatest 
available  amount  of  money  arid  lands;  provided,  however,  that  if 


[33] 

no  one  of  sucli  counties  shall  within  three  years  from  the  passage 
of  this  act  comply  with  the  foregoing  provisions  and  conditions, 
then  any  or  all  of  such  counties  may  combine  for  the  purpose  of 
complying  therewith ;  and  in  such  case  the  said  school  shall  be  lo- 
cated in  manner  aforesaid  within  that  county  of  the  number  so 
complying  with  said  conditions  in  which  the  greatest  variety  of 
ores  may  be  then  known  to  exist,  and  which  has  also  the  other  ad- 
vantages and  facilities  for  the  successful  working  of  such  a  school; 
provided,  also,  that  if  said  conditions  are  not  accepted  by  such 
counties  within  seven  years  from  the  passage  of  this  article,  the 
said  part  of  said  fund  set  apart  for  said  school  shall  be  applied  to 
the  maintenance  and  support  of  a  chair  of  mining  and  metallurgy 
in  the  state  university  at  Columbia.  (Laws  ISyO,  p.  ly,  §  11.) 

Sec.  728G.  Subscriptions  may  be-  taken. — la  order  to  raise  the 
amount  of  money  and  to  purchase  the  quantity  of  land  specified  in 
the  last  section,  voluntary  individual  subscriptions  may  be  made 
and  received  by  the  board  of  curators,  and  the  corporate  authori- 
ties of  any  city  or  town;  and  the  county  courts  of  any  county  iii 
the  district  mentioned  in  the  foregoing  section,  are  hereby  author- 
ized and  empowered,  respectively,  to  issue  bonds  of  such  city,  town, 
or  county,  in  such  sums  as  they  may  agree  upon,  to  run  not  lon- 
ger than  twenty  years,  and  bearing  interest  not  exceeding  ten  per 
centum  per  annum,  payable  semi-annually,  which  bonds  shall  be 
delivered  to  the  board  of  curators,  to  be  by  them  sold  and  convert- 
ed into  cash,  to  be  used  in  the  erection  of  the  necessary  buildings, 
buying  stock  and  making  improvements,  as  set  forth  in  section 
seven  thousand  two  hundred  and  eighty- three,  and  of  the  land  re- 
quired to  be  donated  therein,  and  any  such  city,  town  or  county 
shall  have  power  to  levy  such  tax,  under  the  constitution  and  laws 
of  this  state,  as  may  needed  to  meet,  according  to  the  terms  of  the 
bonds,  the  payment  regularly  of  the  interest  and  principal  when 

due.     (Laws  1870,  p.  18,  §  12.) 

Sec.  7287.  Institution,  by  -whom  located. — The  board  of  cura- 
tors, after  notice  of  such  subscriptions,  by  individuals,  the  city, 
town,  or  county  authorities,  mentioned  in  the  foregoing  section, 
shall  immediately  determine  which  county  in  said  mineral  district 
is  entitled  to  such  school,  and  shall  thereupon  proceed  to  locate  in 
such  county  the  said  school,  as  hereinbefore  provided;  and  the  said 
board  of  curators  are  hereby  fully  authorized  to  receive  the  sub- 


134] 

scriptions  and  to  purchase  the  lands  referred  to  in  the  preceding 
section,  and  to  pay  for  the  same,  either  in  cash  or  bonds,  as  may 
be  agreed  upon.  (Laws  1870,  p.  18,  §  13.) 

Sec.  7288.  Act  to  become  void,  when. — The  terms  of  this  act,  so 
far  as  the  conditions  required  to  be  complied  with  to  iix  the  loca- 
tion of  said  college  in  connection  with  the  state  university,  to  be 
met  and  complied  with  on  or  before  the  second  Monday  in  May. 
one  thousand  eight  hundred  and  seventy,  otherwise  this  act  shall 
be  null  and  void.  (Laws  1870,  p.  18,  §  13:) 

Sec.  7289.  Curators  to  report  annually. — At  the  close  of -each 
university  year  the  board  of  curators  shall  make  a  report  in  detail 
to  the  governor,  exhibiting  the  progress,  condition  and  wants  of 
the  several  colleges  or  departments  of  instruction  in  the  universi- 
ty, the  course  of  study  in  each,  and  the  number  and  names  of  the 
officers  and  students,  the  amount  of  receipts  and  disbursements,  to- 
gether with  the  nature,  costs  and  results  of  all  important  experi- 
ments and  investigations,  and  such  other  matters,  including  state, 
industrial  and  economical  statistics,  as  may  be  thought  useful.  The 
governor  shall  cause  the  same  to  be  printed  for  the  use  of  the  gen- 
eral assembly  and  people  of  the  state,  and  shall  cause  one  copy  of 
the  same  to  be  transmitted  by  mail,  free  of  expense,  to  all  the  col- 
leges which  may  be  endowed  under  the  provisions  of  the  act  of 
congress,  approved  July  second,  eighteen  hundred  and  sixty-two, 
hereinbefore  referred  to,  and  also  one  copy  to  the  secretary  of  the 
interior,  and  one  copy  to  the  commissioner  of  agriculture  at  Wash- 
ington City.  (Laws  1870,  p.  18,  §  15.) 

Sec.  7290.  Appointment  of  visitors — compensation  of  cura- 
tors.— Inasmuch  as  all  trust  funds  committed  to  the  management 
of  the  state  are  to  be  deemed  a  sacred  deposit  and  to  be  vigilantly 
guarded  irom  perversion,  waste,  or  wrongful  use,  it  is  provided 
that  a  board  of  visitors,  to  consist  of  five  persons,  three  at  least  of 
whom  shall  be  citizens  eminent  in  the  agricultural  and  mechanic 
arts,  and  not  less  than  two  graduates  of  the  university,  shall  be  ap- 
pointed by  the  governor.  It  shall  be  the  duty  of  the  visitors  to 
make  personal  examination  into  the  condition  of  the  university,  in 
all  its  departments,  once  at  least  each  year,  and  report  the  result 
to  the  governor,  suggesting  such  improvements  and  recommenda- 
tions as  they  may  consider  important,  which  report  shall  be  pub- 
lished with  the  annual  report  of  the  curators.  The  visitors  shall 


[35] 

receive  no  per  dicm^  but  they,  together  with  the  curators,  shall 
have  their  actual  expenses  paid,  [and  upon  the  certificate  of  the 
secretary  of  the  board  of  curators,  the  auditor  shall  draw  his  war- 
rant upon  the  treasurer  of  the  state,  who  shall  pay  the  same  out  ol 
any  money  in  the  treasury  not  otherwise  appropriated.*]  (Laws 
1870,  p.  Ml  §  16.) 

Sec.  7291.  Commissioner  of  lauds  appointed.  The  curators  of 
the  university  are  authorized  and  empowered  to  appoint  a  com- 
missioner and  fix  his  compensation,  whose  duty  it  shall  be  to  take 
charge  of  all  said  agricultural  college  land,  and  who,  before  enter- 
ing upon  the  discharge  of  his  duties,  shall  take  an  oath  faithfully 
to  demean  himself  in  office,  and  shall  be  required  to  give  bond  in 
such  sum  as  the  board  of  curators  shall  direct,  with  two  or  more, 
sufficient  securities,  for  the  faithful  performance  of  his  duties  as 
such  commissioner,  which  bond  shall  be  made  payable  to  the  state 
of  Missouri,  and  be  signed  in  duplicate  by  said  commissioner  and 
his  securities  to  be  approved  by  the  board  of  curators,  one  copy  of 
which  bond  shall  be  filed  in  the  office  of  the  secretary  of  the  board 
of  curators,  and  the  other  copy  in  the  office  of  the  secretary  of 
state.  (Laws  ISyO,  p.  19,  §  17.) 

Sec.  7292.  Office  of,  where  kept. — Said  commissioner  shall 
keep  his  office  in  the  city  of  St.  Louis,  and  shall  cause  to  be  pro- 
cured and  kept  in  his  office,  complete  lists  of  all  the  lands  selected 
in  this  state  under  the  act  of  congress,  approved  July  second,  eigh- 
teen hundred  and  sixty-two,  entitled  uan  act  donating  lands  to  the 
several  states  and  territories  which  may  provide  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts,"  described  by  the 
proper  subdivisions  or  parts  of  sections,  townships  and  range,  to- 
gether writh  maps  and  plats  such  as  are  kept  in  the  United  States 
land  offices,  all  to  be  kept  in  strongly  bound  books  which  shall  be 
labeled  "agricultural  college  lands."  Duplicate  copies  of  such  lists 
.of  lands,  maps  and  plats  shall  also  be  furnished  by  the  commission- 
er, and  in  similar  books,  to  the  secretary  of  the  board  of  curators 
of  the  state  university,  which  shall  also  be  labeled  in  the  same 
manner  and  safely  kept  in  his  office.  (Laws  1870,  p.  19,  §  18. ) 

*That  part  .of  this  section  included  in  brackets  is  abrogated  by  §  43,  art. 
iv.  and  §  19,  article  x.  ot  the  constitution.  The  remainder  of  the  section  re- 
peals §  51  of'and  part  of  §  52  of  chapter  45  »f  the  general  statutes  of  1865. 


[36] 

Sec.  7293.  May  lease  lands. — Said  commissioner  is  hereby  au- 
thorized to  lease  any  of  said  lands  for  the  term  of  ten  years  at  any 
time  during  the  year  one  thousand  eight  hundred  and  seventy- 
one,  and  for  the  term  of  nine  years  at  any  time  during  the  }~ear 
one  thousand  eight  hundred  and  seventy-two,  and  so  on  annually 
diminishing  the  term  of  lease  in  such  manner  that  all  leases  may 
terminate  by  the  end  of  the  year  one  thousand  eight  hundred  and 
eighty-one,  and  in  all  n^v  leases  of  land  whose  lease  shall  have 
been  forfeited  the  same  rule  shall  be  observed,  and  the  quantity  in 
any  one  lease  shall  not  exceed  three  hundred  and  twenty  acres, 
the  lessee  to  pay  interest  upon  the  price  named  in  the  lease  in  lieu 
of  rent  at  the  rate  of  eight  per  cent,  per  annum,  to  be  paid  annu- 
ally in  advance,  with  annual  interest  upon  any  interest  that  shall 
be  unpaid,  and  said  price  shall  not  be  less  than  one  dollar  and 
twenty-five  cents  per  acre  for  lands  outside  of  the  railroad  belt  of 
lands,and  not  less  than  two  dollars  and  fifty  cents  per  acre  contiguous 
to  railroads  where  one  acre  was  taken  for  two;  or  instead  of  mak- 
ing a  lease  as  aforesaid,  the  commissioner  may  sell  any  of  said  lands 
for  cash  in  hand  without  regard  to  quantity  at  the  price  fixed  by 
the  board  of  curators.  And  the  board  of  curators  shall  cause  the 
lands  to  be  examined,  classified  and  appraised  by  two  or  more  com- 
petent agents  by  them  appointed,  before  the  same  are  offered  for 
lease  or  sale,  and  shall  thereafter,  either  by  direct  action  of  the 
board  or  by  a  committee  oi  its  members,  fix  the  price  at  the  inter- 
est of  which  said  land  may  be  leased,  or  at  which  it  may  be  sold; 
and  the  said  board  may  at  any  time  change  said  price,  or  it  may 
withhold  or  withdraw  from  sale  or  lease  any  specific  tract  or  par- 
cel of  land,  or  may  designate  what  tract  or  parcel  shall  be  sold 
only  for  cash  in  hand,  or  may  attach  contiguous  subdivisions  of 
lands  not  to  exceed  a  quarter  section  that  are  not  to  be  separated 
in  their  lease  or  sale.  Should  it  be  discovered  that  the  number  of 
acres  to  which  the  state  is  entitled  by  the  act  of  congress  has  not 
been  selected,  located  and  confirmed,  the  said  agents  shall  forth- 
with select  the  additional  number  from  the  vacant  lands  of  the 
United  States  within  the  state  so  as  to  secure  the  full  amount  of 
three  hundred  and  thirty  thousand  acres  granted  by  the  United 
States,  taking  as  heretofore  ©ne  acre  for  two  when  selected  within 
the  railroad  belt,  and  shall  in  like  manner  and  with  full  effect  as 
the  commissioners  created  by  the  act  of  the  general  assembly  of 


[37] 

Missouri,  approved  March  nineteenth,  one  thousand  eight  hundred 
and  sixty-six,  have  the  same  set  apart  and  withdrawn  from  entry 
on  the  books  of  the  United  States  land  office;  and  said  agents  shall 
receive  the  same  compensation  for  said  services,  and  for  any  and 
all  other  services  performed  in  appraising  said  lands,  and  for  any 
other  services  under  this  act  as  was  all  owed  the  commissioners  who 
selected  the  lands  under  said  act  of  March  nineteenth,  one  thou- 
sand eight  hundred  and  sixty-six,  and  they  shall  be  paid  in  the 
same  manner,  and  they  shall  also  receive  for  their  expenses  a  sum 
not  to  exceed  two  dollars  and  fifty  cents  per  day  for  each  person. 
(Laws  1871,  p.  89,  §1.) 

Sec.  7294.  Leased  lands  not  liable  to  taxation. — Whenever  any 
said  agricultural  college  lands  shall  have  been  leased  under  the  pro- 
visions of  this  act  and  the  act  to  which  this  is  an  amendment, they 
shall  be  exempt  from  taxation  for  state  or  county  purposes  during 
the  period  of  s;iid  lease.  (Laws  1871,  p.  39,  §  2.) 

Sec.  7295.  Lessees  may  purchase. — The  lessee  of  any  tract  cf 
land  shall  have  the  privilege  of  purchasing  the  same  for  cash,  at  cr 
before  the  expiration  of  said  lease  at  the  price  specified  in  the  lease, 
and  the  lessee  failing  to  pay  the  interest  on  any  such  lease  within 
sixty  days  from  the  time  the  same  is  made  due  and  payable  shall 
forfeit  his  lease  with  all  interest  previously  paid  and  the  improve- 
ments made  thereon,  and  said  commissioner  shall  be  authorized  to 
enter  upon  and  take  possession  of  said  land  and  release  the  same. 
(Laws  1870,  p.  20,  g  21.) 

Sf'C.  72.90.  Commissioner  to  report  quarterly. — Said  commis- 
sioner shall  be  required  to  make  quarterly  reports  to  the  secretary 
of  the  board  of  curators,  which  report  shall  specify  by  the  proper 
subdivisions  the  quantity  of  lands  leased,  to  v/iom  leased,  and  upon 
what  terms, and  thereupon  the  secretary  ot  th  >  board  of  curators  shall 
insert  upon  the  records  required  to  be  kept  in  his  office  the  disposi- 
tion of  the  lands  thus  leased.  (Laws  1S70,  p.  20,  §  22.) 

.  Sec.  7297.  Shal-  make  quarterly  statement.--- Said  commis- 
sioner shall  also  make  out  a  quarterly  statement  of  his  account:  to 
the  treasurer  of  the  board  of  curators,  in  which  he  shall  specify  the 
amount  of  money  collected  on  lands  either  leased  or  sold  by  him 
in  each  and  every  quarter,  and  which  sums  of  money,  at  tho  end 
of  each  quarter,  he  shall  pay  over  to  the  treasurer  of  the  board  of 
curators,  and  from  whom  he  shall  take,  duplicate  receipts,  one 


[38] 

which  shall  be  filed  in  his  office,  and  the  other  in  the  office  of  the 
secretary  of  the  board  of  curators,  and  the  secretary  of  the  board 
shall  charge  the  treasurer  of  the  board  with  all  moneys  thus  re- 
ceived by  him.  (Laws  1870,  p.  20,  §  23.) 

Sec.  7298.  Proceeds  of  sales,  how  invested. — Under  the  direc- 
tion of  the  board  of  curators  the  treasurer  shall  invest  the  princi- 
pal for  which  any  of  said  land  may  be  sold  in  such  United  States 
or  other  securities  allowed  by  law  as  will  be  saved  and  yield  a  cer- 
tain and  permanent  income  for  the  support  of  said  ugricultural  and 
mechanical  college  and  the  school  of  mines  and  metallurgy;  and  all 
interest  received  on  lease  of  land  or  on  any  bonds  or  securities  nam- 
od  in  this  article,  to  be  expended  under  the  direction  of  the  board 
of  curators,  for  the  support  and  maintenance  of  said  agricultural 
and  mechanical  college  and  the  school  of  mines  and  metallurgy,  in 
conformity  with  this  article,  and  with  the  act  of  congress  a  tore- 
said,  granting  said  land  to  this  state!  (Laws  1870,  p.  20,  §  24.) 

Sec.  7299.  Pre-emption  rights. — Any  person  who  has  hereto- 
fore made,  or  may  hereafter  make  actual  settlement  upon  the  ag- 
ricultural college  lands  shall  bo  entitled  to  lease  or  purchase  three 
hundred  and  twenty  acres  or  less,  as  he  may  choose,  lying  contig- 
uous and  including  his  improvement,  in  preference  to  any  other 
person,  his  right  being  subject  to  the  power  of  the  board  in  re- 
gard to  withholding  or  withdrawing  from  sale,  of  designating  what 
may  be  sold  for  cash  only,  or  what  shall  be  attached  for  sale 
to  adjacent  subdivisions;  and  providod,  such  settlers  shall  comply 
with  the  law  and  with  the  rules  that  may  be  adopted  by  the  board 
or  commissioner  in  relation  to  lease  or  purchase,  the  same  as  is  and 
shall  be  required  by  others;  and  further  provided,  that  at  or  be- 
fore a  day  to  be  specified  in  a  notice  to  be  publishe'd  by  the  com- 
missioner, which  notice  shall  be  published  for  four  consecutive 
weeks  in  some  newspaper  published  in  the  county  in  which  the 
lands  lie.  or,  if  none  be  there  published,  in  a  newspaper  as  near  as 
may  be  to  said  county,  the  last  insertion  to  be  thirty  days  before 
the  day  named,  such  settler  shall  proceed  to  make  proof  of  his 
claim  in  compliance  with  the  rules  aforesaid,  or  he  shall  forfeit  all 
preference,  and  the  lands  shall  be  subject  to  lease  or  sale  as  other 
lands;  and  the  commissioner  for  the  sale  of  the  lands  shall  have 
authority  to  hear  and  determine  the  conflicting  pre-emption  rights 
of  any  who  may  claim  a  right  to  pre-empt  the  same  land,  and  he 


[3*3 

shall  be  entitled  to  such  compensation  for  his  services  as  shall  be 
or  shall  have  been  provided  by  the  board  of  curators;  and  it  is  fur- 
ther provided,  that  the  actual  settlement  referred  to  must  be  made 
prior  to  the  first  publication  of  the  commissioner  herein  referred 
.to.  (Laws  1871,  p.  39,  §3.) 

Sec.  7300.  President  oj  board  to  make  deed. — In  case  where 
any  of  said  lands  may  be  sold,  and  a  deed  to  the  same  is  required 
to  bj  made,  the  same  shall  be  executed  by  the  president  of  the 
board  o1  curators,  signed  by  him  with  the  seal  of  the  corporation 
attached  thereto,  and  attested  by  the  secretary  of  the  board.  (Laws 
1870,  p.  21,  §  26.) 

Sec.  7301.  Bonds  to  be  deposited,  icherc — treasurer  of  univer- 
sity to  give  bond.  etc. — -All  bonds  for  moneys  invested  under  this 
chapter,  shall  bo  deposited  fur  safe  keeping  with  the  treasurer  of 
the  board  of  curators,  who  shall  be  responsible  upon  his  official 
bond  for  the  safety  of  said  bonds  and  all  other  funds  in  his  hands; 
and  the  board  of  curators  are  fully  authorized  to  require  said 
treasurer  to  give  bond  at  any  time,  with  two  or  more  securities,  to 
be  approved  by  the  board  in  double  the  amount  of  any  sum  likely 
to  come  into  his  hands.  (Laws  1879,  p.  21,  §  37.) 

Sec-  7302.  Exemptions  Jrom  taxation. — The  agricultural  and 
mechanical  college,  and  the  school  of  mines  and  metallurgy,  and 
the  lands,  stock, apparatus  and  furniture, and  all  other  property  be- 
longing to  the  same,  shall  be  exempt  from  state,  county  and  mu- 
nicipal taxation.  (Laws  1870,  p.  21,  §  28.) 

Sec-  7303.  Curators  to  take  possession  of  geological  property. 
It  shall  be  the  duty  of  the  curators  of  the  state  university  of  the 
State  of  Missouri,  within  thirty  days  after  tlie  passage  of  this  act, 
either  in  person  or  by  their  agent,  to  demand  of  the  state  geologist, 
and  take  charge  of,  all  the  charts,  instruments,  specimens,  furni- 
ture and  all  property,  either  real  or  personal,  belonging  to  the  bu- 
reau of  geology,  or  to  the  State  of  Missouri,  in  their  possession, 
or  under  their  charge  or  control,  and  receipt  the  state  geologist 
therefor.  (Laws  1875,  p.  73,  §  2.) 

Sec.  7304.  7v  transfer  to  school  of  mines. — The  curators  of 
the  university  of  the  State  of  Missouri  shall  transfer  to  the  director 
of  the  school  of  mines  and  metallurgy,  at  Rolla,  Missouri,  all  prop- 
erty and  implements,  specimens,  charts  and  instruments,  and  fur- 
niture received  from  the  bureau  of  geclogy,  and  the  director  shall 


[40] 

hold  the  same  for  the  use  and  benefit  of  said  school  of  mines  and 
metallurgy,  at  Rolla,  Missouri.  (Laws  1875,  p.  73,  §  3.) 

Sec.  7305.  Professorship  of  geology. — The  school  of  mines 
and  metallurgy  shall  be  empowered  to  utilize  all  implements,  in- 
struments, charts,  specimens,  etc.,  and  the  board  of  curators  may 
establish,  when  they  deem  proper,  a  professorship  of  geology,  said 
geologist  to  supervise  the  geological  surveys  that  may  be  made  by 
the  school  of  mines  and  metallurgy;  provided,  that  nothing  in  this 
chapter  shall  be  so  construed  as  to  authorize  the  removal  of  the 
specimens  now  in  Washington  university  of  St.  Louis.  (Laws 
1875,  p.  73,  §  4.) 

Sec.  7306.    Treasurer  of  sclwol  of  mines, — There  is   hereby 
created  the  office  of  treasurer  of  the  school  of  mines  and  metallur- 
gy, located  in  the  county  of  Phelps,  whose  duty  it  shall  be  to  re- 
ceive, keep  and  disburse   all    moneys  belonging   to  said  school  of 
mines  and  metallurgy,  the  money  donated  and  the  proceeds  of  the 
bonds  issued  by  Phelps  county  for  building  and  other  purposes  of 
said  school,  the  proceeds  of  the  lands  donated  to  the  board  of  cu- 
rators of  the  state  university  and  conveyed  to  the  state  of  Missouri 
for  the  uses  and  purposes  of  said  school,  all  moneys  which  shall  be 
appropriated  or  apportioned  for  the  purposes  of  said  school,  includ- 
ing one-fourth  of  the  income  arising  from  the  agricultural  and  me- 
chanical fund,   and  all  other  money  which  may  belong  exclusively 
to  the  said  school  for  building,  or  for  any  other  purpose.     He  shall 
have  the  custody  of  the  said  bonds  issued   by  Phelps  county,  and 
shall,  under  the  direction  of  the  board  of  curators,  and  in  accord- 
ance with  the  provisions  of  law,  sell  the  same  or  borrow  money 
and  hypothecate  said  bonds,  for  the  purposes  for  which  they  were 
issued;  and  the  said  treasurer  shall  perform  all  customary  acts  per- 
taining to  his  office,  under  direction  of  the  board  of  curators,  and 
make  report  of  the  same  at  the  annual  meetings  of  the  board. 
(Laws  1872,  p.  166,  §  1.) 

Sec.  7307.  To  be  appointed  by  curators. — -The  governor  shall 
appoint  the  treasurer  for  the  school  of  mines  and  metallurgy,  who 
shall  hold  his  office  until  the  annual  meeting  of  the  board  of  cu- 
rators, and  thereafter  he  shall  be  appointed  by  the  board,  and  hold 
his  office  during  the  pleasure  of  the  board.  (Laws  187'2,  p.  166, 
§2. 

Sec.  7308.  To  give  bond. — The  treasurer  of  the  school  of 
mines  and  metallurgy  shall  keep  his  office  in  the  city  of  Rolla,and, 


upon  his  appointment,  and  before  he  enters  upon  the  duties  of  his 
office,  give  bond  to  the  state  of  Missouri,  to  the  use  of  the  curators 
of  the  university  of  the  state  of  Missouri,  with  at  least  two  good 
and  solvent  securities,  in  a  sum  not  less  than  twenty  thousand 
dollars,  to  be  approved  by  the  board,  and  filed  amongst  their  pa- 
pers and  records,  conditioned  that  he  will  faithfully  administer 
the  funds  of  the  school  of  mines  and  metallurgy  coming  into 
his  hands,  and  disburse  and  invest  the  same  according  to  the  di- 
rections of  the  board  of  curators;  and  such  bond  shall  be  renewed 
every  two  years,  until  the  next  annual  meeting  of  the  board  of 
curators.  Such  bond  may  be  approved  by  the  president  of  the 
board.  (Laws  1872,  p.  100,  §  3. 

Sec.  7809.  Duty  of  treasurer  of  university. — The  treasurer  of 
the  board  of  curators  shall  pay  over  to  the  treasurer  of  the  school 
of  mines  and  metallurgy,  as  soon  as  he  shall  be  appointed  and  his 
bond  approved,  and  at  all  times  hereafter,  all  moneys,  bonds,  and 
all  property  whatsoever  in  his  hands,  which  have  been  donated,  or 
which  have  been  or  hereafter  may  be  appropriated  or  apportioned,  or 
in  any  manner  belonging  to  said  school  for  its  support,  or  for  any 
other  purpose.  (Laws  1872,  p.  107,  §  4). 

Sec.  7^10.  Report  of  treasurer  of  school  of  mines. — At  each 
annual  meeting  of  the  board  of  curators,  the  treasurer  of  the 
school  of  mines  and  metallurgy  shall  make  out  a  full  statement  of 
his  accounts,  showing  the  amount  of  money  which  he  has  received, 
according  to  the  provisions  of  this  article,  the  amount  of  bonds  by 
him  hypothecated  or  negotiated,  as  well  as  the  items  of  expendi- 
tures; and  when  approved  by  the  board,  a  copy  of  the  account  shall 
be  entered  upon  the  record.  He  shall  also  furnish  the  board  of  cu- 
rators an  abstract  of  the  amounts  annually  paid  to  the  directors, 
and  every  professor,  teacher  or  other  officer  of  said  school.  (Laws 
1872,  p.  107,  §  5.) 

Sec.  7311.  Compensation.  The  compensation  of  the  treasurer 
of  the  school  of  mines  and  metallurgy  shall  be  fixed  by  the  board 
of  curators:  provided,  that  the  same  shall  not  exceed  for  any  one 
year  the  sum  of  one  hundred  and  fifty  dollars.  (Laws  1872,  p. 
1(57,  §0.) 

Sec.  7312.  Liabilities  of  treasurers. — The  treasurer  of  the 
ftoard  of  curators  of  the  state  university  at  Columbia,  and  the 
treasurer  of  the  school  of  mines  and  metallurgy,  located  in  the 


[42] 

county  of  Phelps,  shall  each  be  held  accountable  upon  their  official 
bonds,  respectively,  for  all  moneys  and  property  which  may  come 
into  their  hands  belonging  to  the  university,  or  any  of  its  depart- 
ments: provided,  that  the  treasurer  of  the  board  of  curators  at  Co- 
lumbia shall  not  bs  held  accountable  for  any  moneys  or  other 
property  which  may  come  into  his  hands,  belonging  to  the  school 
of  mines  and  metallurgy  after  the  same  shall  have  been  paid  over 
under  the  law  to  the  treasurer  of  said  school  of  mines  and  metal- 
lurgy at  Rolla,  nor  shall  the  treasurer  of  the  school  of  mines  and 
metallurgy  be  held  accountable  on  his  official  bond  for  any  mon- 
eys which  may  come  into  the  hands  of  the  treasurer  of  the  board 
of  curators  at  Columbia,  and  which  may  not  have  been  paid  over 
to  the  treasurer  of  said  school  of  mines  and  matallurgy,  the  pur- 
pose of  this  section  being  to  separate  the  funds  and  property  be- 
longing to  each  institution,  and  to  hold  the  treasurers,  respective- 
ly, responsible  only  upon  their  official  bonds,  for  all  moneys  and 
property  which  may  come  into  their  hands,  and  which  belong  to 
the  institution  of  which  they  are  the  treasurers.  ( Laws  1 872,  p. 

1«7,  §  7.( 

Sec.  7318.  Disposition  of  bonds. — Instead  of  selling  the  bonds, 
issued  by  the  county  of  Phelps,  and  delivered  to  the  board  of  cu- 
rators under  the  provisions  of  section  seven  thousand  two  hundred 
tind  eighty-seven,  the  said  board  shall  have  authority  at  its  discre- 
tion to.  borrow  money  and  hypothecate  the  same  for  the  purposes 
for  which  they  were  issued,  and  if  the  board  shall  be  able  to  re- 
deem said  bonds  by  the  sale  oi  lands,  as  herein  provided,  or  other- 
wise, they  may,  if  in  the  judgment  of  the  board  the  interest  of 
said  mining  school  shall  require  it.  be  held  as  an  endowment  in 
part  for  the  support  of  said  mining  school.  And  further,  all  the 
lands  subscribed  and  conveyed  to  the  State  of  Missouri  in  order  to 
secure  the  location  of  the  school  of  mines  in  the  county  of  Phelps, 
are  hereby  accepted  by  the  state  for  the  purposes  of  the  grant,  and 
the  said  board  of  curators  are  authorized,  according  to  such  rules 
and  regulations  as  it  may  adopt,  to  sell  all  or  any  portion  of  the 
lands  so  conveyed,  other  than  those  conveyed  for  the  uses  and  pur- 
poses of  building  sites,  and  for  the  purposes  of  practical  and  expe- 
rimental mining;  and  upon  making  such  sales,  the  title  of  the 
state,  and  the  interest  of  the  curators  of  the  university,  shall  be 
conveyed  by  deed  in  the  name  of  the  state,  executed  by  the  cura- 


|4B1 

tor's  of  the  university  of  the  State  of  Missouri  by  the  signature  of 
the  president  of  the  board,  and  affixing  its  corporate  seal;  and  the 
proceeds  of  such  sale  may  b:>  applied  to  the  redemption  of  bonds 
hypothecated  as  aforesaid,  or  to  the  erection  of  the  necessary 
buildings  and  making  other  improvements,  to  the  purchasing  of 
apparatus  and  library,  or  any  other  legitimate  objects  pertaining 
to  such  a  school.  (Laws  1871,  p.  40,  §  5.) 

rfoc.  7fUl.  Puiiishment  for  trespasses . — It  shall  be  the  duty  of 
the  circuit  court  of  the  proper  counties  to  give  specially  in  charge 
to  the  grand  juries  of  the  counties  in  which  are  situated  any  of  the 
agricultural  college  lauds, or  any  of  lands  donated  to  the  state    for 
the  use  of  the  mining  school,  the  provisions  of  sections  one  thou- 
sand three  hundred  and  fifty-eight  and  one  thousand  three  hun- 
dred and  fifty-nine,  with   special   reference  to  the   destruction   of 
timber  upon  such  lands;  and  it  shall   be  the  duty  of  prosecuting 
attorneys  to  proceed  before  justices  of  the  peace  against  any  per- 
son violating  the  provisions  of  said  sections  in  regard  to  said  lands, 
and  procure  their  recognizance  according  to  law,  to  answer  in.  the 
proper  court;  and  inasmuch  sis  congress  bus  made  it  the  express 
duty  of  the  state  to  be   at  all  the  expense  of  administering   the 
trust  in  regard  to  such  lands,  the  costs  of  trials  in  the    circuit 
court  shall,  upon  conviction,  and  so  far  as  they  are  poperly  charge- 
able to  and  cannot  be  collected  of  the  accused,  be  paid  out  of  the 
state  treasury,  and  the   president  of  the   board  of  curators,  or  the 
commissioner  for  the  sale  of  lands  under  his  direction,  shall  have 
authority  to  institute  civil  suits  in  the   name  of  the   state  for  the 
use  of  the  curators  of  the  university  to  recover  damages   for  any 
trespass  upon,  any  of  such  lands;  and  those  who  may  take  lease  for 
any  such  lands  shall  have  no  authority  to  cut  or  carry  away  more 
timber  than  is  necessary  for  the  proper  improvement  of  the  prem- 
ises, or  for  fuel  on  the  same,  and  any  one  so  doing  shall  be  held  to 
have  forfeited  his  lease,  and  he  shall  forthwith,  upon  notice,  sur- 
render possession,  that  the  premises  may  be  sold  or  leased  to  other 
persons.  (Laws  1871,  p.  39.  §  4.) 


ARTICLE  III. 


THE  SEMINARY  FUND. 


SECTION. 

7315.  Seminary  fund  created. 

7316.  To  remain  a  permanent  fund. 
7.517.     How  appropriated. 

7318.  Register  of  lands  to  keep  list  el 

lands. 

7319.  He  shall  keep  list  of  sales. 

7320.  Duties  of  auditor  and  treasurer. 
732i-     Commissioners      of     seminary 

fund. 

7322.  Investment  oi  fund. 

7323.  Bonds,  :    )\\-  taken. 

7324.  Praceec.    of  bank  stoek. 


SECTION. 

7325.  Auditor  to  be  custodian  of  fund 

7326.  Interest  on  fund,  to   be    paid  to 

whom. 

Treasurer  to  report  to  board. 
Copy  of  treasurer's   account    to 

be  deposited  with  auditor. 

7329.  Compensation  of  treasurer. 

7330.  Treasurer's  bond. 

7331.  Investment  of  seminary  fund. 

7332.  Interest  to  be   paid  t»  treasurer 

of  university. 


Sec.  731").  Seminary  jund  created. — There  is  hereby  created 
and  established  a  fund  to  support  a  state  university,  for  the  pro- 
motion of  literature  and  of  the  arts  and  sciences,  to  lie  denomina- 
ted "the  seminary  fund,"  which  shall  consist  of:  First,  the  pro- 
ceeds of  the  lands  now  held  by  the  state,  and  known  MS  seminary 
lands;  second,  all  moneys  derived  from  the  sale  of  seminary  lands 
heretofore  made,  and  the  interest  thereof:  third,  the  interest,  divi- 
dends, proceeds  and  profits  of  such  moneys  and  lands,  except  such 
distribution  as  shall  be,  by  law,  authorized.  (  G.  S.  '349,  §  J.) 

Sec.  7316.  1o  remain  a  permanent  /////</.— The  semi  miry 
fund  shall  be  and  remain  a  permanent  fund  for  the  promotion  of 
literature  and  of  the  arts  and  sciences;  and  so  much  of  the  income 
thereof  shall  be  added  to  and  become  a  part  of  the  fund  as  shall 
not  be  appropriated  as  hereinafter  provided  for.  ((1.  S.  249,  §  2.) 

Sec.  y317.  How  appropriated. — So  much  only  of  the  income 
of  the  seminary  fund  shall  be  appropriated  in  any  year  as  shall  be 
necessary  for  the  purposes  to  which  the  application  therefor  shall 
be  authorized  by  law;  and  the  residue  shall  be  added  to  and  be- 
come part  of  the  permanent  fund,  which  shall  never  be  lessened  or 
impared.  (GK  S.  249,  §3.) 

Sec.  7318.  Register  of  lands  to  keep  list  of  lands. —  It  shall  be 
the  duty  of  the  register  of  lands  to  provide  and  keep  in  his  office 
a  book,  to  be  called  "the  register  of  seminary  lands,"  in  which 
shall  be  entered  a  description  of  all  seminary  lands  heretofore  or 
now  held  by  the  state,  showing  the  county  wherein  situate,  tho 


range,  township  and  legal  subdivision,  arranged  with  suitable 
volumes,  in  which  shall  be  noted  all  sales,  by  the  date,  number 
of  acres,  price  per  acre,  and  total  amount  of  each  tract.  (G.  S. 
250,  §4.) 

.  Sec.  7319.  He  shall  keep  list  of  sales. — The  register  shall  also 
enter  in  such  book  a  list  of  sales  hereafter  made,  showing  the  par- 
ticular description  of  the  lands,  and  the  sales  thereof,  specified  in 
the  last  preceding  section.  (G.  S.  250,  §  5.) 

Sec.  7320.  Duties  of  auditor  and  treasurer. — The  state  audi- 
tor and  state  treasurer  shall,  respectively,  perform  like  duties  and 
possess  the  same  powers  in  relation  to  the  seminary  fund  and  in- 
come, as  they  respectively  are  or  may  be  required  to  perform  or 
exercise  in  relation  to  public  school  funds  and  moneys  ;  and  shall 
account  themselves,  and  shall  require  others  to  account  to  them,iii 
the  same  manner  as  in  relation  to  public  school  funds  and  moneys^ 
except  in  cases  otherwise  provided.  (G.  S.  250,  §  6.) 

Sec.  7321.  Commissioners  of  seminary  fund. — The  governor, 
secretary  of  state  and  attorney  general,  shall,  by  virtue  of  their 
respective  offices,  be  commissioners  of  the  seminary  fund.  (G.  S. 
250,  §'7. 

Sec.  7322.  Investment  of  fund. — Whenever  there  shall  be  in 
the  treasury,  or  elsewhere,  subject  to  the  order  of  the  treasurer,any 
moneys  belonging  to  the  capital  of  the  seminary  fund,  the  state 
auditor  shall  make  report  to  the  commissioners,  who  shall  direct 
the  same  to  be  invested  in  bonds  of  the  United  States,  and  the 
state  auditor  shall  make  the  investment  accordingly.  (G.  S. 
250,  §8.) 

Sec.  7323.  Bonds,  how  taken. — The  bonds  thus  taken  shall 
be  in  the  name  of  the  office  of  the  state  auditor,  in  trust  for  the 
seminary  fund,  which  trust  shall  be  specially  expressed  in  erery 
such  bond.  (G.  S.  250,  §  9. 

Sec.  7324.  Proceeds  of  bank  stock. — Whenever  the  stock  now 
held  by  the  state  in  the  bank  of  the  State  of  Missouri  shall  be  dis- 
posed of  the  proceeds  thereof  which  may  belong  to  the  university 
fund,  together  with  the  proceeds  of  all  other  stocks  or  lands  be- 
longing to  such  fund,  as  they  may  be  received,  shall  be  invested  as 
provided  for  in  sections  seven  thousand  three  hundred  and  twenty- 
two  and  seven  thousand  three  hundred  and  twenty-three.  (G.  S. 
250,  §10.) 


|40J 

Sec.  7325.  Auditor  to  be  custodian  of  fund. — All  bonds  and 
certificates  of  stock,  in  trust  for  the  seminary  fund,  shall  be  in 
charge  of  the  state  auditor,  who  may  deposit  them  for  safe  keeping 
in  such  bank  or  banks  as  may  bo  designated  by  law  for  the  keep- 
ing of  the  state  funds.  (OK  S.  250,  §  1 1. ) 

Sec.  782(>.  Interest  on  fund  to  be.  paid,  to  whom.—  All  interest 
and  profits  of  such  bonds  held  in  trust  for  the  seminary  fund,  shall 
he  paid  to  the  treasurer  of  the  board  of  curators,  who  shall  be 
charged  therewith  by  the  state  auditor.  (OK  S.  250,  §  12.) 

Sec.  782y.  Treasurer  to  report  to  board.—  At  each  annual 
meeting  of  the  board  ol  curators,  the  treasurer  thereof  shall  make 
out  a  full  statement  of  his  accounts,  showing  the  amount  of  money 
which  he  has  received,  according  to  the  provisions  of  this  article, 
and  the  items  of  expenditure;  and  when  approved  by  the  board,  a 
copy  of  the  account  shall  bo  entered  upon  the  record.  (G.  S. 
250,  §  4.) 

Sec.  7828.  Copy  of  treasurer* s  account  to  be  deposited  with 
auditor. —  An  exact  copy  of  the  account  of  the  treasurer  of  the 
board  of  curators,  required  by  the  last  preceding  section,  certified 
by  the  president  of  the  board,  shall,  immediately  upon  its  approval 
be  transmitted  })j  him  to  the  state  auditor,  who  shall  enter  a  cred- 
it in  favor  of  the  treasurer  of  the  board  for  the  amount  appearing, 
by  said  account,  to  have  been  expended  by  him.  (OK  S.  250,  g  15. ) 

Sec.  7829.  Compensation  of  treasurer .-  -The  compensation  of 
the  treasurer  of  the  board  of  curators  shall  be  fixed  by  the  board  : 
provided,  that  the  same  shall  not  exceed,  for  any  one  year,  the 
sum  of  one  hundred  and  fifty  dollars.  (G.  S.  251.  $  46.) 

Sec.  7830.  Treasurers  bond. — The  treasurer  of  the  board 
shall,  upon  his  appointment,  and  before  he  enters  upon  the  duties 
of  his  office,  give  bond  to  the  state  of  Missouri,  to  the  use  of  the 
curators  of  the  university  of  the  State  of  Missouri,  with  at 
least  two  good  and  solvent  securities,  in  the  sum  of  ten 

thousand  dollars,  to  be  approved  by  the  board,  and  filed 
amongst  their  papers  and  records,  conditioned  that  he  will 
faithfully  administer  the  university  funds  coming  into  his  hands, 
and  disburse  and  invest  the  same  according  to  the  directions  of 
the  board  of  curators;  and  such  bond  shall  be  renewed  every  two 
years.*  (G.  S.  255,  §  59.) 

*  The  treasurer  may  be  required  to  give  bond  ;;t.  any  time,  by  order  of  the 
board  oi  curators,  in  double  the  amount  likely  to  conic  into  his  hands.  \'u1<: 
section  7301. 


Sec.  7331.  Investment  of  seminary  Jund. — The  state  treasurer 
is  authorized  and  directed  to  invest  without  delay  all  sums,  of 
money  now  in  the  state  treasury  to  the  credit  of  the  state  semi- 
fund  and  not  already  invested,  in  interest  hearing  stocks  of  the 
United  States.  (Laws  1870,  p.  159,  §  1.) 

Sec.  7332.  Interest  to  be  paid  to  treasurer  of  university. — The 
accruing  semi-annual  interest  on  all  sums  thus  invested  under  this 
act  shall  be  paid  over  to  the  treasurer  of  the  board  of  curators  of 
the  state  university  by  the  state  treasurer  at  the  same  time  and  in 
the  same  manner  as  is  now  done  in  reference  to  the  seminary  funds,, 
now  invested,  and  the  duties  of  the  auditor  and  treasurer  shall  be. 
the  same.  (Laws  1870,  p.  159,  §  2.) 


REPORTS  AND  LIABILITY  OF  -OFFICERS. 

SECTION.  j  SECTIOX. 

5878.     Reports.  j  5880     Liability  ol  officers. 

Sec.  0878.  Reports. — All  public  institutions  in  this  state, 
maintained  and  supported  in  whole  or  in  part  by  appropriations 
out  of  the  treasury  of  the  state,  shall  make,  through  their  proper 
officers  to  the  general  assembly,  on  or  before  the  second  Monday 
in  January  of  each  session  thereof,  biennial  reports,  under  oath, 
containing  an  itemized  statement  of  all  the  actual  expenditures  of 
said  institutions,  showing  minutely  the  disbursements  of 
all  funds  appropriated  by  the  general  assembly  for  the  maintenance 
of  the  same,  before  there  shall  be  any  money  appropriated  by  the 
general  assembly  out  of  the  stale  treasury  for  their  maintenance 
and  support.  (Laws  1877,  p.  263,  §  1.) 

*#*****##*•* 

•  Sec.  5880.  Liability  of  officers — If.  the  curators,  managers, 
trustees,  or  other  officers  having  control  ot  any  educational,  el- 
eemosynary, or  other  public  institutions  belonging  to  the  state,  or 
any  executive  committee,  by  whatever  name  called,  having  subor- 
dinate control  under  such  curators,  managers,  trustees,  or  other 
officers,  as  aforesaid,  or  any  president,  superintendent,  steward  or 


[48] 

other  officer  in  immediate  charge  of  any  such  institution,  or  any 
person  having  the  business  management  of  any  such  institution, 
shall  contract  in  the  name  or  for  the  use  of  such  institution  any 
debt,  for  which  there  shall  not  be  at  the  time  an  adequate  appro- 
priation, every  such  curator,  manager,  trustee,  or  other  officer  in 
control,  as  aforesaid,  and  every  such  comrnitteeman,  and  every 
such  president,  superintendent,  steward  or  other  officer  in  immedi- 
ate charge,  as  aforesaid,  and  any  person  having  the  business  man- 
agement of  any  such  institution,  as  aforesaid,  shall  be  personally 
liable  for  such  debt  to  the  person  with  whom  such  is  contracted,  or 
the  assignee  thereof,  and  in  addition  shall,  on  conviction,  be  deem- 
ed guilty  of  a  misdemeanor:  provided,  that  no  such  curator,  mana- 
ger, trustee,  or  officer  in  control,  or  committeeman,  as  aforesaid, 
shall  be  so  liable,  as  aforesaid,  or  be  deemed  guilty,  as  aforesaid,  if 
at  the  time  of  incurring  such  debt  he  shall  require  the  ayes  and 
noes  to  be  taken  and  recorded  on  the  question  of  incurring  such 
debt,  and  shall  himself  vote  against  incurring  such  debt.  (Laws 
1875,  p.  70,  §  1.) 


CHAPTER  X. 

ADJOURNED  .SESSION  NOV.  1,  1865- 


No  legislation.     A  memorial  to  Congress  passed  in  regard  to 
damages  to  the  university  building  during  the  war. 
Session  of  1867-8. 

During  this  session  an  act  was  passed  appropriating  out  of  the 
State  Treasury  $10,000  to  rebuild  the  President's  House,  which 
was  destroyed  by  fire  on  Nov.  26th,  1865.  This  appropriation  was 
the  lirst  whicli  was  ever  made  by  the  Legislature,  of  any  sum  or 
for  any  purpose,  in  aid  of  the  university.  Said  act  also  contained 
this  section: 

Sec.  2.  There  is  also  set  aside  and  appropriated,  annually,  for 
the  support  of  the  State  University  of  Missouri,  out  of  the  revenue 
of  the  State,  after  first  deducting  therefrom  the  one-fourth  of  the 
revenue  for  the  Public  School  Fund,  one  and  three-quarter  per 
cent,  of  such  balance  of  the  State  revenue;  and  this  is  declared  to 
belong  to  the  University,  and  shall  be  paid  to  the  Treasurer  of  the 
Board  of  Curators,  as  provided  for  by  law  for  the  payment  of  other 
funds  of  the  University.  Approved  March  11, 1867. 
Adjourned  Session  1867-8. 

On  Feb.  12, 1868,  an  act  was  approved  amending  sections  20, 
21  and  25  of  chapter  45  of  the  General  Statutes.     For  this  amend- 
atory act  see  Session  Acts  of  adjourned  session  of  1868,  p.  175. 
Session  0/1868-9. 

No  legislation  during  this  session  in  regard  to  the  University. 


UNIVERSITY 


CHAPTER  XL 


SEMINARY  FUND:  INVESTMENT  OF. 

AN  ACT  to  provide  for  the  further  investment  of  the  Seminary  fund  of  this 
State. 

SECTION.  (SECTION. 

i     State   Treasurer  directed   to   in-      2.     Accruing  semi-annual  interestto 
ve?t    surplus    moneys    in    State  be  paid  to  whom. 


treasury  in  interest  bearing  stocks 


Act  to  take  effect  when. 


of  United  States. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^ 
as  follows : 

Sec.  1.  That  the  State  Treasurer  is  authorized  and  directed  to 
invest  without  delay,  all  sums  of  money  now  in  the  State  treasury 
to  the  credit  of  the  State  seminary  fund  and  not  already  invested, 
in  interest  bearing  stocks  of  the  United  States. 

Sec.  2.  That  the  accruing  semi-annual  interest  on  all  sums 
thus  invested  under  this  act  shall  be  paid  over  to  the  treasurer  of 
the  board  of  curators  of  the  State  University  by  the  State  Treas- 
urer at  the  same  time  and  in  the  same  manner  as  is  now  done  in 
reference  to  the  seminary  funds  now  invested, and  the  duties  of  the 
Auditor  and  Treasurer  shall  be  the  same. 

Sec.  3.  This  act  to  take  effect  from  its  passage. 

Approved  February  9,  1870. 


CHAPTER  XII. 


AGRICULTURAL  COLLEGE  AND  SCHOOL  OF  MINES. 

AN  ACT  for  the  benefit  of  the  State  University,  the  Agricultural  and  Me- 
chanical College  of  Missouri,  and  the  School  of  Mines  and  Metallurgy,  and 
to  settle  the  account  between  the  State  and  the  Seminary  fund,  arising  from 


[51] 

the  sale  oi  the  stock  held  by  the  State  in  the  Bank  of  the  State  ot   Missouri, 
in  trust  for  the  Seminary  Fund. 


SECTION. 

1.  Coupon    bonds    to     be     issued; 
amount  and  condition  thereof. 

2.  Form  of  bonds;  objects  of  issue. 

3.  Issue  or"  further  bonds  for  school 
of  mines. 

4.  First  mentioned  bonds,  when  ex- 


SECTION. 

5.  Other  bonds    to    be   delivered  to 
treasurer  of  school  of  mines. 

6.  Purposes    to    which    portion    of 
proceeds  is  to  be  applied. 

7.  Report  thereof  to    be    made   by 
curators. 


ecuted,  delivered  to  whom.  8i     Act  to  take  effect,  when. 

WHEREAS,  The  act  of  congress,  approved  July  2,  1862,  and 
making  grants  of  land  to  the  different  states  for  the  purpose  there- 
in of  founding  colleges  of  agriculture  and  the  mechanic  arts,  ex- 
pressly provides  that  no  portion  of  said  fund  nor  the  interest  thereon 
shall  be  applied,  directly  or  indirectly,  under  any  pretense  whatev- 
er, to  the  purchase,  erection,  preservation  or  repair  of  any  building 
or  buildings;  and  also  that  any  state  which  m:iy  take  and  claim 
the  provisions  of  this  act  within  five  years  at  least,  not  less  than 
one  college,  as  described  in  the  fourth  section  of  this  act,  or  the 
grant  to  such  state  shall  cease;  and  also  that  no  state  shall  be  en- 
titled to  the  benefit  of  this  act,  unless  it  shall  express  its  accep- 
tance thereof  by  its  legislature  within  two  years  from  the  date  of 
its  approval  by  the  president — to- wit:  July  2,  1862 — and 

Whereas,  The  general  assembly  of  the  state  of  Missouri  adopt- 
ed the  following-  resolution,  approved  M-irch  17,  1863,  to- wit: 
That  the  said  act  of  congress  of  the  United  States  is  assented  to 
and  accepted  by  the  State  of  Missouri  with  the  conditions,  re- 
strictions and  limitations  therein  contained,  and  the  faith  of  the 
State  of  Missouri  is  hereby  pledged  to  the  faithful  performance 
of  the  trust  hereby  created;  and 

Whereas,  Said  agricultural  and  mechanical  college  and  school 
of  mines  and  metallurgy,  having  been  located  under  an  act  uf  the 
general  assembly  of  the  State  of  Missouri,  approved  February  21, 
ISyO,  and  one  of  the  conditions  and  obligations  contained  in  said 
act  of  congress  was,  that  each  state  should  -provide  the  necessary 
college  buildings  for  the  accommodation  of  the  students  who  might 
attend  upon  the  instructions  of  the  same,  and  as  imperative  neces- 
sity now  exists  for  such  buildings  to  meet  the  wants  of  said  insti- 
tution; and 

Whereas,  The  amount  of  stock  held  in  trust  by  the  state  in 
the  Bank  of  the  State  of  Missouri,  for  the  use  and  benefit  of  the 
ceminary  fund,  amounted  to  the  sum  of  one  hundred  thousand  dol- 


[52.1 

lars,  and  which  was  sold  for  the  sum  of  $108,500  on  the  12th  day 
of  June,  1866,  and  the  interest  thereon,  computed  at  the  rate  of 
six  per  centum  per  annum  from  the  first  day  of  July,  1866,  to  the 
first  day  of  July,  1872,  being  $38,580,  making  the  whole"  amount 
of  the  proceeds  of  the  sale  of  the  bank  stock,  with  the  interest 
thereon  due  to  the  seminary  fund,  on  the  first  day  of  July  ,1872 
$147,080;  and  it  being  desirable  that  said  account,  together  with 
all  claim  for  back  interest,  and  for  any  failure  of  the  said  bank  to 
declare  dividend  on  said  stock  held  by  the  state  for  the  use  of  the 
seminary  fund,  prior  to  the  year  1866.  should  be  finally  settled  and 
adj Listed :  therefore. 

JSe  it  enacted  by  the  Ge'neral  Assembly   of    the  State  of  Missouri  % 
as  follows : 

Section  1.  Upon  the  passage  and  approval  of  this  act,  the  gov- 
ernor is  hereby  directed  to  cause  to  be  issued  coupon  bonds  of  the 
state  of  Missouri,  amounting  to  the  sum  of  one  hundred  and  sixty- 
ty-six  thousand  dollars,and  in  the  sum  of  one  thousand  dollars  each, 
and  to  be  dated  the  first  day  of  July,  1872,  the  principal  to  be  pay- 
able in  lawful  money  of  the  United  States,  twenty  years  after  their 
respective  issue,  the  interest  thereon  payable  semi-annually,  at  the 
rate  of  six  per  centum  per  annum,  in  lawful  money  of  the  United 
States.  The  principal  and  interest  shall  be  payable  at  the  Bank 
of  Commerce,  in  the  city  of  New  York. 

Sec.  2.  The  said  bonds  shall  be  signed  by  the  governor,  coun- 
tersigned, sealed  and  registered  by  the  secretary  of  state;  the  cou- 
pons shall  be  signed  by  the  state  treasurer,  and  the  bonds  and  cou- 
pons shall  be  numbered  and  registered  by  the  state  auditor;  and 
the  faith  and  credit  of  the  state  are  hereby  solemnly  pledged  for 
the  payment  of  the  interest  and  the  redemption  of  the  principal 
thereof.  The  bonds  provided  for  in  the  first  and  second  sections  of 
this  act  shall  be  for  the  benefit  of  the  agricultural  and  mechanical 
college  of  Missouri,  made  by  law  a  department  of  the  State  Uni- 
versity, and  in  lieu  of  and  in  full  payment  of  the  amount  of  prin- 
cipal and  interest  due  by  the  state  to  the  seminary  fund  on  account 
of  stock  heretofore  held  in  trust  in  the  Bank  of  the  State  of  Mis- 
souri, and  in  full  discharge  of  all  back  interest  claimed  to  be  due 
on  account  of  the  non-payment  of  interest,  or  failure  at  any  tirno 
of  the  bank  to  declare  dividends  upon  said  stock. 

Sec.  3.  The  govermor  is  further  directed  to  cause  to  be  issued 


[53] 

coupon  bonds  of  the  state  of  Missouri,  amounting  to  the  sum  of 
thirty-five  thousand  dollars,  in  the  sum  of  one  thousand  dollars 
each,  the  principal  to  be  payable  in  lawful  money  of  the  United 
States,  twenty  years  after  their  respective  issue,  and  to  be  dated  the 
first  day  of  July,  1872,  the  interest  thereon  payable  semi  annually, 
at  the  rate  of  six  per  centum  per  annum,  in  lawful  money  of  the 
United  States.  The  principal  and  interest  shall  be  payable  at  the 
Bank  of  Commerce,  in  the  city  of  New  York.  Said  bonds  shall  be 
signed  by  the  governor,  countersigned,  sealed  and  registered  by 
the  secretary  of  state;  the  coupons  shall  be  signed  by  the  state 
treasurer,  and  the  bonds  and  coupons  shall  be  numbered  and  reg- 
istered by  the  state  auditor:  and  the  faith  and  credit  of  the  state 
are  hereby  solemnly  pledged  for  the  payment  of  the  interest  and 
the  redemption  of  the  principal  thereof.  The  bonds  provided  for 
in  this  section  shall  be  ior  the  benefit  of  the  school  of  mines  and 
metallurgy,  located  at  the  town  of  Rolla;  and  the  proceeds  of  the 
sale  thereof  shall  be  appropriated  toward  the  erection  and  equip- 
ment of  a  suitable  building  for  said  school  of  mines  and  metallur- 
gy, under  the  direction  of  the  board  of  curators  of  the  state  uni- 
versity. 

Sec.  4.  The  bonds  named  in  the  first  and  second  sections  of 
this  act,  aftnr  the  same  shall  have  been  properly  executed  and  reg- 
istered, as  required,  shall  be  delivered  by  the  governor  to  the  treas- 
urer of  the  board  of  curators  of  the  Static  University  at  Coulumbia, 
who  shall  take  his  receipt  therefor,  and  cause  the  same  to  be  filed 
in  the  office  of  the  secretary  of  state;  and  said  treasurer  shall  be 
held  responsible  on  his  official  bond  for  the  safe  keeping  of  said 
"bonds,  and  for  the  proceeds  of  the  sale  thereof. 

Sec.  5.  The  bonds  named  in  the  third  section  of  this  act,  after 
the  same  shall  have  been  properly  executed  and  registered,  as  re- 
quired by  law.  shall  be  delivered  by  the  governor  to  the  treasurer 
Of  the  school  of  mines  and  metallurgy  at  Rolla,  who  shall  take  his 
receipt  therefor,  and  cause  the  same  to  be  filed  in  the  office  of  the 
ISscretary  of  state;  and  said  treasurer  shall  be  held  responsible  on 
his  official  bond  for  the  safe  keeping  of  said  bonds,  and  for  the  pro- 
ceeds of  the  sale  thereof. 

Sec.  6.  The  curators  of  the  State  University  are  hereby  au- 
thorized to  use  so  much  of  the  proceeds  of  the  sale  of  sixty-six  of 
the  bonds  named  in  the  first  and  second  sections  of  this  act,  as  may 


f54] 

be  necessary  to  finish  and  fully  equip  the  scientific  building  of  the 
agricultural  and  mechanical  college;  to  pay  off  the  outstanding 
debts  of  the  university,  amounting  to  the  sum  of  nineteen  thou- 
sand and  six  hundred  dollars;  and  to  expend  the  further  sum  of 
five  thousand  dollars  in  making  additions  to  the  library,  for  the 
benefit  of  the  agricultural  and  mechanical  college;  and  the  balance 
thereof  to  be  and  remain  a  part  of  the  permanent  endowment  of 
tlie  state  university. 

Sec.  7.  A  report  of  the  expenditures  of  said  money  as  above 
authorized,  containing  a  full  and  complete  statement  of  the  ac- 
count, shall  be  presented  by  the  board  of  curators,  in  the  next  an- 
nual report,  which  they  are  required  by  law  to  make  to  the  gov- 
ern of  the  state,  and  to  be  laid  betore  the  legislature  at  its  nex 
session. 

Sec.  8.  This  act  to  take  effect  and  be  in  force  from  and   after 
its  passage. 

Approved  March  29,  1872. 


CHAPTER  XIII. 


CRIMES  AND  PUNISHMENTS:     FIRE-ARMS— DISCHARGE  OF. 

AN  ACT  to  prohibit  the  discharge  of  fire-arms  in    the   immediate  vicinity  of 
any  court  house,  church  or    building  used  for  school  or   college  purposes 

SECTION.  '   SECTION 

i.  Unlawful  to  fire  gun  or  pistol  in 
immediate  vicinity  of  court- 
house, church  or  college. 


Penalty. 

Definition  of  "immediate  vicin- 
ity" 


f?c   it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^ 
as  foHo-vs  : 

SECTION  1.  Hereafter  it  shall  be  unlawful  for  any  person  in 
this  State,  except  he  be  a  sheriff,  or  other  officer,  in  the  discharge 
of  official  duty,  to  discharge  or  lire  off  any  gun,  pistol  or  fire-arms 
of  any  description,  in  the  immediate  vicinity  of  any  court  house, 
church  or  building  used  for  school  or  college  purposes, 

Sec.  2.     Any  person  gpilty  of  a  violation  of  the  preceding 


[55] 

section  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion, shall  be  punished  by  a  fine  of  not  less  than  five  dollars  nor 
more  than  twenty  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  twenty  days. 

Sec.  3.  The  term  "immediate  vicinity,"  as  used  in  this  act, 
shall  be  construed  and  held  to  mean  a  distance  not  exceeding  two 
hundred  yards. 

Approved  April  30th,  1879. 


CHAPTER  XIV. 


SCHOOLS:    PUBLIC — BONDS  p*  SCHOOL  AND  SEMINARY  FUNDB. 

AN  ACT  to  prohibit  the  officers  or  agents  of  this  State,  and  ©thor  persons 
from  negotiating,  assigning,  transferring  or  hypothecating  the 
bonds  of  the  State,  school  and  seminary  funds. 

SECTION  SECTION 

2.  Bonds    hereafter   required  to  be 

stamped. 

3.  Descriptive   list   of  bonds   to  be 


Bonds  not  to  be  assigned  or  ne- 
gotiated ;  bonds  to  be  stamped ; 
he\v. 


published. 

WHEREAS,  There  are  in  the  custody  of  the  State  Treasurer 
two  thousand  and  nine  bonds,  belonging  to  the  school  fund,  and 
one  hundred  and  twenty-two  bonds  belonging  to  the  seminary 
fund,  of  the  aggregate  value  of  $2,131 ,000.00,  exclusive  of  attach- 
ed coupons;  and 

WHEREAS,  A  prudent  regard  to  the  interests  of  the  State  de- 
mands that,  without  destroying  their  identity,  or  otherwise  im- 
pairing their  validity,  the  negotiation,  transfer,  hypothecation,  or 
other  misuse  of  the  bonds  aforesaid,  1)9  prevented  effectually; 
therefore, 

Be  tt  enacted  by  the  General   Assembly  of  the   State  of  Missouri^ 
as  follows : 

Section  1.  That  the  two  thousand  one  hundred  and  thirty-one 
bonds,  and  each  of  the  attached  coupons,  mentioned  in  the  pream- 
ble to  this  act  as  belonging  to  the  seminary  fund,  and  to  the  state 
school  fund,  respectively,  shall  not  be  assigned,  negotiated,  trans- 


ferred  or  hypothecated  by  any  officer  or  agent  of  this  state,  iior  by 
any  other  person  or  persons  whatever;  and  the  State  Board  oF 
Education,  by  its  president,  in  the  presence  of  the  Auditor  and 
'treasurer,  each  of  whom  shall  take  notice  of  what  is  done  and  en- 
ter the  same  in  his  books,  immediately  after  this  act  takes  effect, 
shall  cause  to  be  written  or  stamped  upon  the  face  of  each  of  said 
Ibonds  and  coupons  the  words  and  figures,  as  follows:  This  bond 
is  a  part  of  the  public  school  fund  of  the  State  of  Missouri,  and 
cannot  be  assigned,  negotiated,  transferred  or  hypothecated  by  any 
officer  or  agent  of  this  State,  iior  by  any  other  person  or  persons 
whatever. 

Done  by  virtue  of  an  act  of  the    General  Assembly,  approved 
— ,  1879,  (naming  the  date  of  the  approval  of  this  act.) 

And  if  the  bond  belongs  to  the  seminary  fund,  the  same  words 
and  figures  a»  above  recited  shall  be  written  or  stamped  thereon, 
except  the  words  "public  school  fund,1'  in  lieu  of  which  the  words 
"seminary  fund"  shall  be  so  written  or  stamped ;  and  make  report 
tiiereof  to  the  General  Assembly. 

Sec.  2.  And  all  bonds  hereafter  acquired  by  the  State  Board 
of  Education,  for  the  use  of  either  of  said  funds,  shall  immediate- 
ly, upon  their  acquisition,  have  written  or  stamped  upon  them  by 
said  board  the  same  inscription,  and  in  the  manner  as  directed  in 
section  one  of  this  act. 

Sec.  3.  The  Auditor  shall  publish,  in  the  appendix  to  his  bi- 
ennial report,  a  schedule  of  all  the  bonds  so  inscribed.  He  shall 
also  make  a  descriptive  list  of  all  bonds  now  or  hereafter  affected 
"by  this  act,  and  promptly  notify  the  fiscal  agent  of  the  State  of 
the  condition  of  all  such  bonds. 

Sec.  4.  All  acts  and  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  immediately  after  its  passage 
— the  emergency  being  that  a  due  regard  to  the  interests  and 
safety  of  the  public  school  fund,  and  the  interest  of  the  State,  re- 
quires greater  safeguards  for  the  protection  of  said  bonds  and  the 
State  in  the  preservation  thereof. 

Approved  April  24th,  1879. 


CHAPTER  XV. 


SCHOOLS — PUBLIC:    FTODS  PERPETUATED. 

AN  ACT  to   create   and  perpetuate    free  public  school  funds  for  the    -several 
counties  «f  this  State. 


SECTION 

i.     School  funds  to  be  invested,  how 


SECTION 


Inconsistent  acts  repealed 


and  by  whom. 

J-^e  ii  enacted  by  the  General  Assembly  of  the   .State  6f  Missouri, 
as  Jollows  : 

'  Section  1.  It  is  hereby  made  the  duty  of  the  several  county 
courts  of  this  State,  to  diligently  collect,  preserve  and  securely  in- 
vest, at  the  highest  legal  rate  of  interest  on  imincumbered  real 
estate  security,  worth  at  all  times  at  least  double  the  sum  loaned, 
with  personal  security  in  addition  thereto,  the  proceeds  of  all 
moneys,  stocks,  bonds  and  other  property  belonging  to  a  county 
school  fund;  also,  the  net  proceeds  from  the  sale  of  estrays;  also, 
the  clear  proceeds  of  all  penalties  and  forfeitures,  and  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the  penal  or 
military  laws  of  this  State,  and  all  moneys  which  shall  be  paid  b}r 
persons  as  an  equivalent  for  exemption  from  military  duty;  shall 
belong  to,  and  be  securely  invested,  and  sacredly  preserved  in  the 
several  counties,  as  a  county  public  school  fund;  the  income  of 
which  fund  shall  be  faithfully  appropriated  for  establishing  and 
maintaining  free  public  schools  in  the  several  counties  of  this 
State. 

Sec.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed. 

Approved  May  19th,  1879. 


CHAPTER  XVI. 


SCHOOLS:     PUBLIC — GIFTS  TO  FUND. 

AN  ACT  to  encourage  and  increase  the  Public  School  Fund  of  the  State  by 
grant,  gift  or  devise,  as  provided  for  in  Section  six  (6),  Article 
eleven  (n)  of  the  Constitution  of  Missouri,  and  to  provide  lor  its 
safe  and  permanent  investment. 


SECTION 

1.  Gifts  to  school  fund  lawful. 

2.  Duplicate  receipts  to  be  given  by 

Treasurer. 

3.  Certified    copy  of  transfer   to  be 

recorded  by  Auditor. 

4.  Property  to  be  sold  and  proceeds 

invested. 


SECTION 

5.  Treasurer    responsible    for    sale- 

keeping,  etc. 

6.  Where  terms  of  grant  cannot  be 

complied  with,  proceedings. 

7.  State    made    custodian    of   such 

funds. 


Auditor  and  Treasurer   to  report 
such  gifts  to  the  Legislature. 

]E>c  it  enacted  by    the  General   Assembly  of  the  State  of  Missouri^ 
as  follows : 

Section  1.  It  shall  hereafter  be  lawful  for  any  person  to  grant, 
give  or  devise  to  the  Public  School  Fund  of  the  State  any  money, 
property,  real  or  personal,  choses  in  action  of  every  kind  and  de- 
scription, the  same  to  be  turned  over  and  delivered  to  the  Treas- 
urer of  the  State,  and  to  be  disposed  of  by  him  in  the  manner 
hereinafter  provided  for. 

Sec.  2.  For  any  money,  property  or  choses  in  action,  delivered 
to  the  Treasurer,  under  this  act,  he  shall  give  duplicate  receipts, 
one  of  which  shall  be  filed  in  the  office  of  the  Auditor  ot  State, 
who  shall  charge  the  Treasurer  therewith. 

Sec.  3.  A  certified  copy  of  the  instrument  of  writing,  evidenc- 
ing such  grant,  gift  or  devise,  shall  also  be  delivered  to  the  State 
Auditor,  and  duly  recorded  by  him,  in  his  office,  in  a  book  to  be 
kept  specially  for  that  purpose,  and  the  original  shall  be  recorded 
in  the  recorder's  office  of  the  county  where  said  grantor,  donor  or 
devisor  lives  or  resided  at  the  time  of  his  death. 

Sec.  4.  Said  Treasurer  shall,  as  early  as  practicable,  dispose  of 
the  property  granted,  given  or  devised,  according  to  the  terms 
specified  in  the  written  instrument,  granting  or  giving  the  same 
to  the  Public  School  Fund,  and  if  the  same  be  in  money,  or  after 
the  property  is  converted  into  money,  it  shall  be  securely  invested 
and  sacredly  preserved  as  a  part  of  the  Public  School  Fund,  as 


[59] 

provided  for  by  the  Constitution  of  this  State,  whether  the  same 
be  given  for  the  free  public  schools  or  for  the  benefit  of  the  State 
University,  and  the  annual  income  of  which  fund  shall  be  invest- 
ed, reinvested,  appropriated  and  disbursed,  and  paid  over  according 
to  the  terms  of  the  writing  making  such  grant,  gift  or  devise,  and 
for  no  other  uses  or  purposes  whatsoever. 

Sec.  5.  For  all  property  or  money  received  under  this  act  by 
the  State  Treasurer,  he  and  his  securities  shall  be  responsible  for 
the  safe  keeping,  investment,  reinvestment  and  disbursement  of 
the  same  on  his  official  bond. 

Sw.  0.  In  all  cases  where  any  such  grant,  gift,  devise  or  be- 
quest has  been  made  by  any  person  for  educational  purposes,  in 
aid  of  or  connected  with  the  free  public  school  system,  or  of  the 
State  University,  and  from  any  cause  the  terms  of  such  grant,  gift 
devise  or  bequest  cannot  be  executed  or  carried  out  according  to 
the  terms  and  conditions  of  thf  same,  it  shall  be  lawful  for  the 
person  or  persons  having  the  charge  thereof,  or  holding  the  same 
in  trust,  or  any  person  interested  therein,  to  file  a  petition  in  the 
circuit  court  of  the  county  where  such  grantor,  donor  or  testator 
<licd,  setting  forth  all  the  facts  connected  therewith,  and,  in  the 
discretion  of  the  court  in  which  said  petition  may  be  filed,  an 
order  may  b«  made,  directing  that  the  amount  of  such  grant,  gift 
devise  or  bequest  shall  bs  turned  over  to  the  Treasurer  of  the 
State,  as  a  part  of  the  Public  School  Fund,  according  to  the  terms 
and  conditions  of  this  act.  and  securely  invested,  reinvested  and 
sacredly  preserved;  the  annual  income  on  which  fund  shall  be 
faithfully  appropriated,  as  near  as  may  be,  in  meeting  and  carrying 
out  the  purposes  and  wishes  of  such  grantor,  donor,  devisor  or 
testator,  according  to  the  instrument  of  writing  making  such 
grant,  gift,  devise  or  bequest. 

Sec.  7.  The  State  of  Missouri  is  hereby  constituted  the  custo- 
dian and  trustee,  under  this  act,  of  all  such  funds,  and  pledges 
itself  for  the  safe  keeping,  investment  and  due  application  of  all 
funds,  with  the  interest  thereon,  which  may  be  deposited  in  the 
treasury,  in  pursuance  of  this  act. 

Sec.  8.  The  Auditor  and  Treasurer  shall,  in  the  reports  re- 
quired by  law  to  be  made  by  them  to  the  General  Assembly,  from 
time  to  time,  make  a  full  report  of  all  sums  that  may  be  made  to 
the  Public  School  Fund  under  this  act,  by  whom  made,  and  the 
precise  expenditure  of  the  annual  income  and  growth  of  said  fund* 

Approved  March  16,  1881. 


CHAPTER  XVIL 


STATE  UNIVERSITY:    CURATORS — VACANCY  IN  BOARD. 

AN  ACT   to  amend    Section    7241  ot   Chapter  ix,    Article  one,  title    ''State 

University,"  page  21. 

SECTION  i.     Vacancy  in  board  of  curators  of  State  University. 
J3c  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri, 
as  follows: 

Section  1.  That  section  seven  thousand  two  hundred  and 
forty-one  (7-J  1)  of  the  Revised  Statutes  of  Missouri  be  amended 
as  follows:  i  Jy  striking  out  the  words,  beginning  in  the  third  line 
of  said  section,  "three  successive  regular  meetings  of  the  board, 
his  office  shall  become  vacant,"  and  substituting  therefor  the 
words,  "any  annual,  semi-annual  or  regularly  called  meeting  of 
the  board,  of  which  meeting  he  shall  have  had  due  notice,  his 
office  shall  become  at  once  vacant,  unless  such  absence  shall  be 
caused  by  sickness,  or  some  accident  preventing  his  arrival  at  the 
time  and  place  appointed  for  the  meeting  of  the  Board  of  Cura- 
tors," and  by  inserting  in  the  sixth  line,  between  the  words 
"delay"  and  "fill,"  the  words  "upon  being  informed  of  the  fact  by 
the  secretary  of  the  Board  of  Curators,"  so  that  said  section  7241, 
HO  amended,  will  read:  Section  7241.  If  any  curator  shall  remove 
from  the  district  in  which  he  resided  at  the  time  of  his  appoint- 
ment, or  shall  fail  to  attend  any  annual,  semi-annual  or  regularly 
Called  meeting  of  the  board,  of  which  meeting  he  shall  have  had 
due  notice,  his  office  shall  become  at  once  vacant,  unless  such  ab- 
sence shall  be  caused  by  sickness,  or  some  accident  preventing  his 
arrival  at  the  time  and  place  appointed  for  the  meeting  of  the 
Board  of  Curators;  and  if  a  vacancy  shall  occur  by  death,  resig- 
nation, or  from  any  other  cause,  the  Governor  shall,  without  de- 
lay, upon  being  informed  of  the  fact  by  the  secretary  of  the 
Board  of  Curators,  fill  such  vacancy  by  appointment;  and  the 
person  so  appointed  shall  serve  until  the  next  regular  meeting  of 
the  General  Assembly,  and  until  his  successor  is  appointed  and 
Qualified. 

Approved  March  26,  1881. 


AN  ACT  to  select  a  site  for  the  State  University. 
SEC.  i.     Commissioners  appointed  to  select  a  site  far  a  State  University. 

a.     Quantity  of  land  said  site  shall  contain,  and  in  what  counties  the  se- 
lection thereof  to  be  made. 

3.  When  and  where   commissioners   shall    meet;   may  receive  absolute 

conveyances  of  land  for  the  purpose  of  a  site. 

4.  Grants  of  land  to  the  State  for  the   University   shall  be  by  deeds  of 

general  warranty ;  to  be  void  if  the  site  is  not  selected  in  that  county. 
v     Commissioners  shall  view  the  real   estate  thus  granted,  and  register 
the  same. 

6.  Commissioners  may  receive  sealed  bids. 

7.  Form  of  a  subscription  to  be  mad*  by  bidders. 

8.  Payment  of  the  amount  of  such  subscription  to  be  guaranteed  by  &C 

teen  citizens  of  the  county;  form  of  such  warranty. 

9.  When  bids  to  be  opened. 

10.  One  citizen  of  each  of  the  counties  entitled  to  the  site,  shall  attend 

the  opening  of  such  bids. 

1 1 .  Bids  to  be  opened  in  presence  ef  the  commissioners  and  deputies  from 

the  counties,  and  the    site   determined    according   t0   the    best  bid. 
Publication  thereof  to  be  made. 

12.  Rejected  subscriptions  to  be  returned  and  cancelled. 

13.  Buildings  on  the  lands  granted  to  be  appropriated  for  the  college,  &c. 

14.  In  case  the  buildings  and  land  be  granted  by   an  incorporated  college 

or  academy,  the  same  shall  become  a  college,  etc.,  of  the  University  ^ 

15.  In  what  cases  the  trustees  of  said  incorporation  shall  act  as  such. 

1 6.  After  site  is  selected,  deeds,  subscriptions,    etc.,   to  be  deposited  with. 

the  Auditor. 

17.  Subscription  to  be  placed  lor  collection  in  the  hands    ot   State  Attor- 

ney for  the  county. 

18.  Duty  ©f  said  attorney  to    collect,   and    pay   the  amount   of  such  sub- 

scription into  the  State  Treasury. 

19.  Monies  collected  under  this  act  how  to  be  applied. 

20.  Vacancies  among  the  commissioners  how  filled. 
31-22.     Commissioners  to  take  oaths. 

23.  Compensation  of  commissioners;  how  paid. 

24.  Delcgatrs  from  th.2  counties  to  attend  the  opening  of  the  bids,  to  re* 

ceive  same  compensation,  to  be  paid  by  their  counties. 


[62] 

JBe  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri, 
as  follows  : 

Sec.  1.  That  Peter  H.  Burnett  of  Clay,  Chancey  Durkee  of 
Lewis,  Archibald  Gamble  of  St..  Louis,  John  G.  Bryan  of  Wash- 
ington, and  John  S.  Phelps  of  Greene  county,  are  hereby  appoint- 
ed commissioners,  any  three  of  whom  shall  have  power  to  act  in 
the  selection  of  a  site  for  the  State  University. 

Sec.  3.  The  site  of  the  University  shall  contain  at  least  forty 
acres  of  land,  in  a  compact  form,  within  two  miles  of  the  county 
seat  of  the  county  of  Cole,  Cooper,  Howard,  Boone,  Callaway,  or 
Saline,  to  be  selected  in  the  manner  herein  after  provided. 

Sec.  3.  It  shall  be  the  duty  of  the  commissioners  to  meet  at 
the  City  of  Jefferson,  on  the  first  Monday  of  June  next;  and  there- 
after to  meet,atsuch  time  as  they  shall  appoint,at  the  county  seat  of 
each  county  mentioned  in  the  preceding  section.  When  assem- 
bled in  any  county,  the  commissioners  shall  receive  conveyances 
of  such  land  as  may  ba  offered  as  a  site  for  the  University,  which 
conveyance  shall  b3  for  at  least  forty  acres  of  land  within  the  dis- 
tance of  the  co:mty  seat  above  specified,  and  shall  be  made  to  the 
State  with  general  warranty,  specifying  that  the  land  conveyed  is 
for  a  site  for  the  University,  and  conditioned  to  be  void  if  the 
University  shall  not  be  located  thereon. 

Sec.  4.  Where  other  real  estate  shall  be  granted  to  the  State 
either  by  the  county  or  private  individuals,  the  same  shall  be  con- 
veyed by  deed  of  general  warranty,  for  the  use  and  benefit  ol  the 
University,  conditioned  that  the  said  deed  shall  be  void  if  it  is  not 
located  in  the  county  making  such  conveyance. 

Sec.  5.  All  the  real  estate  conveyed  shall  be  examined  and 
valued  by  the  commissioners,  keeping  in  view  the  object  for  which 
it  is  intended,  and  they  shall  at  the  time  of  the  valuation  inscribe 
the  value  thereof  upon  the  deed  by  which  said  lands  are  conveyed, 
and  also  place  the  amount  of  such  valuation  in  a  book  to  be  pro- 
vided by  them  for  that  purpose,  describing  the  lands  conveyed,  and 
naming  the  county  wherein  it  is  situated. 

Sec.  6.  The  commissioners  shall  also  receive  sealed  bids  from 
the  different  counties  and  from  the  citizens  thereof,  for  such  sums 
of  money  as  may  be  secured  to  the  State  for  the  use  and  benefit  of 
the  University. 


[63] 

Sec.  7.  In  all  instances  where  individuals  bid  they  shall  sign 
a  subscription  paper  to  the  following  effect: 

uWe  the  undersigned,  whose  names  are  hereto  subscribed,, 
agree  and  bind  ourselves  to  pay  to  the  State  of  Missouri  the  sums 
opposite  our  names,  one  half  in  one,  and  the  balance  in  two  years 
from  the  first  day  of  June,  1839,  for  the  use  and  benefit  of  the 
State  University;  provided,  that  it  is  located  in —  — county," 

and  each  sum  subscribed  shall  be  written  out  at  length  in  words. 

Sec.  8.  The  commissioners  shall  receive  in  each  county,  from 
at  least  fifteen  responsible  individuals,  a  guarantee  for  the  pay- 
ment of  the  whole  amount  subscribed  by  the  citizens  thereof, 
which  guarantee  shall  be  in  writing  affixed  at  the  bottom  of  each 
subscription  paper,  and  in  the  following  words.  "Wo  the  under- 
signed, jointly  and  severally,  hereby  guarantee  the  payment  of 
each  sum  above  subscribed,"  and  the  same  shall  be  signed  by  them. 
Sec.  9.  After  the  commissioners  shall  have  visited  the  differ- 
ent counties,  and  received  the  bids  according  to  the  provisions  of 
this  act,  they  shall  repair  to  the  Seat  of  Government,  and  the  bids 
shall  there  be  opened  in  the  manner  herein  after  prescribed. 

Sec.  10.  Each  county  court  of  the  counties  entitled  to  bid 
shall  appoint  one  citizen  from  their  respective  counties,  whose  duty 
it  shall  be  to  attend  on  such  day  as  shall  be  appointed  by  the  com- 
missioners for  that  purpose  at  the  Seat  of  Government,  for  the  pur- 
pose of  opening  and  comparing  the  bids  made  by  the  different  coun- 
ties, and  any  county  failing  to  bid  or  send  a  citizen,  it  shall  not  in- 
validate the  action  of  the  commissioners,  but  they  shall  go  on  with 
their  duties  in  the  same  manner,  as  if  every  county  had  bid,  and 
was  represented. 

Sec.  11.  The  bids  shall  be  opened,  and  the  additions  made  in 
presence  of  the  commissioners,  and  of  the  individuals  appointed  by 
the  different  county  courts,  or  such  of  them  as  are  in  attendance, 
and  receive  the  bids  of  the  counties  named  in  the  second  section  of 
this  act,  and  the  place  presenting  the  most  advantages  to  be  de- 
rived to  said  University,  keeping  in  view  the  amount  subscribed, 
and  locality  and  general  advantages,  shall  be  entitled  to  its  loca- 
tion, and  shall  be  published  in  each  newspaper  published  in  the 
city  of  Jefferson. 

Sec.  12.  The  commissioners  shall  return  to  the  counties,  who 
do  not  obtain  the  University,  the  subscription  papers,  and  the 
deeds  of  conveyance  which  they  may  have  received  from  them,  or 
their  citizens,  and  they  shall  be  cancelled. 


[04] 

See.  1&  If  there  shall  be,  on  any  lands  granted  for  the  use  of 
the  University,  and  within  two  miles  of  the  site  selected,  any  build- 
ing adapted  to  the  use  oi  a  College  or  Seminary,  such  building 
shall  be  appropriated  to  such  use,  until  other  sufficient  buildings 
shall  be  erected  on  the  site  of  the  University. 

Sec.  14.  If  such  land  and  buildings  shall  have  been  grante<J 
by  the  trustees  of  any  incorporated  College  or  Seminary,  the  cor- 
poration shall  not  thereby  be  dissolved,  but  such  College  or  Semi- 
nary shall  be  deemed  a  College  or  Seminary  of  the  University,  and 
subject  to  regulation  and  government  as  such. 

Sec.  15.  Until  a  State  University  shall  be  instituted  and  in- 
corporated, and  provisions  (made  for  the  government  of  the  Col- 
leges and  Seminaries)  thereof,  the  trustees  making  a  grant  as  in 
the  preceding  section  specified,  shall  continue  to  have  the  powers 
and  privileges  vested  in  them  by  their  charter  of  incorporation;  ex- 
cept that  the  property  granted  by  them  shall  be  vested  in  the  State 
for  the  uses  specified  in  the  grant. 

Sec.  16.  It  shall  be  the  duty  of  the  commissioners,  immedi- 
ately after  selecting  the  site  for  the  University,  to  deposite  with 
the  Auditor  of  Public  Accounts  all  conveyances  for  land,  and  sub- 
scriptions within  the  county  in  which  the  site  is  selected. 

Sec.  17.  The  Auditor  of  Public  Accounts,  as  soon  as  the  sub- 
scription or  any  part  thereof  shall  become  due,  shall  place  the  evi- 
dences of  such  subscription  in  the  hands  of  the  Attorney  prosecu- 
ting for  the  State  in  the  county  in  which  the  subscribers  reside,  for 
collection,  taking  the  receipt  of  the  Attorney  therefor. 

Sec.  IS.  It  shall  be  the  duty  of  such  Attorney  to  collect  the 
money  subscribed,  without  unnecessary  delay,  and  cause  the  same 
to  be  paid  into  the  State  Treasury  for  the  use  of  the  University. 

Sec.  19.  All  money,  which  shall  be  (collected  under  the  pro- 
visions of  this  act.  shall  be)  applied,so  far  as  the  same  may  be  nec- 
essary for  the  purpose,  to  the  construction  of  necessary  buildings 
on  the  site  selected,  in  such  manner  as  the  General  Assembly  shall 
by  law  direct. 

Sec.  20.  Any  vacancy  happening  in  the  Board  of  Commission- 
ers either  by  death  or  ortherwise,  the  remaining  Commissioners 
shall  fill  the  same,  but  shall  select  no  person  having  a  direct  inter- 
est in  choosing  the  site,  and  who  does  not  live  at  least  one  hun- 
dred miles  from  each  county  entitled  to  bid. 


[65] 

Sec.  21.  Each  Commissioner,  before  entering  upon  the  dis- 
charge ot  his  duty,  shall  take  an  oath  before  some  Judge  or  Jus- 
tice of  the  Peace,  that  he  will  faithfully  and  impartially  perform 
the  trust  reposed  in  him. 

Sec.  22.  The  said  Commissioners,  in  addition  to  the  oath  al- 
ready required  to  be  taken,  shall  first  (take)  and  subscribe  the  fol- 
lowing oath,  to-wit:  "That  he  is  not  directly,  or  indirectly  inter- 
ested in  any  real  estate  in  either  of  the  counties  herein  named,  to- 
wit:  Callaway,  Boone,  Howard,  Cooper,  Cole  and  Saline." 

Sec.  23.  The  Commissioners  appointed  under  the  provisions 
of  this  act  shall  receive  the  sum  of  three  dollars  per  day,  for  each 
day  they  shall  be  engaged  in  the  discharge  of  their  duties,  and 
twelve  cents  per  mile  for  every  mile  they  shall  necessarily  travel  in 
performing  the  duties  confided  to  them ;  and  upon  the  presentation 
of  their  accounts  to  the  Auditor,  he  shall  draw  a  warrant  upon  the 
State  Treasurer  for  the  amount  due  each  Commissioner,  who  shall 
pay  the  same  out  of  any  moneys  belonging  to  the  State,  and  not 
otherwise  appropriated. 

Sec.  84.  The  persons  who  attend  the  meeting  of  the  Commis- 
sioners shall  receive  the  same  per  diem  allowance  and  mileage,  as 
is  received  by  the  Commissioners,  to  be  paid  out  of  the  respective 
County  Treasuries. 

This  act  te  take  effect  from  and  after  its  passage. 

Approved,  Feb.  8,  1839. 

UNIVERSITY. 

AN  ACT  supplemental  to  an  act  entitled  "an  act  to  provide  for   the  selection 
of  a  site  for  the  State  University."  ' 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri^ 
as  follows  : 

Sec.  1.  If  the  Commissioners  named  in  the  act  to  which  this 
is  supplementary  shall  not  meet  as  is  provided  in  said  act,  on  the 
day  and  at  the  place  therein  named,  it  shall  be  lawful  for  them  to 
meet  at  the  place  and  on  any  other  day  during  the  month  of  June, 
and  proceed  as  is  now  provided  by  said  act. 

Sec.  2.  It  shall  be  the  duty  of  the  Executive  to  send  a  copy 
of  this,  and  the  act,  to  which  this  is  a  supplement,  to  each  of  the 
said  Commissioners,  and  request  their  attendance.  This  act  to 
take  effect  from  its  passage. 

Approved  Feb.  11, 


AGRICULTURAL  AND  MECHANICAL  COLLEGE. 

JOINT  RESOLUTION   OF   THE    MISSOURI    LEGISLATURE   ACCEPTING  THE 
ACT  OF  CONGRESS.      A  COL'Y  OF  THE  ACT  ITSELF. 

(See  Session  Acts  1863,  page  34.) 

WHEREAS,  the  Congress  of  the  United  States  passed  an  act  dona- 
ting lands  to  the  several  States  and  Territories  which  may 
provide  Colleges  for  the  benefit  of  agriculture  and  the  me- 
chanic arts,  which  said  act  is  as  follows: 

"AN  ACT  donating  lands  to  the  several  States  and  Territories  which  may 
provide  Colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts. 

Be  it  enacted  by  the  Senate  atid  House  of  Representatives  of 
the  United  States  of  America,  in  Congress  assembled,  That  there 
be  granted  to  the  several  States  for  the  purpose  hereinafter  men- 
tioned, an  amount  of  public  land  to  be  appropriated  to  each  State, 
a  quantity  equal  to  thirty  thousand  acres  for  each  Senator  and 
Representative  in  Congress,  to  which  the  States  are  respectively 
entitled  by  the  apportionment  under  the  census  of  eighteen  hun- 
dred and  sixty:  provided,  That  no  mineral  lands  shall  be  selected 
or  purchased  under  the  provisions  of  this  act. 

uSec.  2.  And  be  it  further  enacted,  That  the  land  aforesaid, 
after  being  surveyed,  shall  be  apportioned  to  the  several  States  in 
sections,  or  subdivision  of  sections,  not  less  than  one  quarter  of  a 
section;  and  whenever  there  are  public  lands  in  a  State  subject  to 
sale  at  private  entry  at  one  dollar  and  twenty-five  cents  per  acre, 
the  quantity  to  which  said  State  shall  be  entitled  shall  be  selected 
from  such  lands  within  the  limits  of  such  State,  and  the  Secretary 
of  the  Interior  is  hereby  directed  to  issue  to  each  of  the  States  in 
which  there  is  not  the  quantity  of  public  lands  subject  to  sale  at 
private  entry  at  one  dollar  and  twenty-five  cents  per  acre  to  which 
said  State  may  be  entitled  under  the  provisions  of  this  act,  land 
script  to  the  amount  in  acres  for  the  deficiency  of  its  distributive 
share;  said  script  to  be  sold  by  said  States,  and  the  proceeds  there- 


[67] 

of  applied  to  the  uses  and  purposes  prescribed  in  this  act,  and  for 
no  other  use  or  purpose  whatsoever:  provided,  that  in  110  case  shall 
any  State,  to  which  land  scrip  may  thus  be  issued,  be  allowed  to 
locate  the  same  within  the  limits  of  any  other  State  or  of  any  Ter- 
ritory of  the  United  States,  but  their  assignees  may  thus  locate 
said  land  scrip  upon  any  of  the  unappropriated  lands  of  the  United 
States  subject  to  sale  at  private  entry  at  one  dollar  and  twenty-five 
cents,  or  less  per  acre:  and,  provided  further,  That  no  more  than 
one  million  acres  shall  be  located  by  such  assignees  in  any  one  of 
the  States:  and,  provided ' Ju rt her,  That  no  such  location  shall  be 
made  before  one  year  from  the  passage  of  this  act. 

"Sec.  3.  And  be  it  further  enacted,  That  all  the  expenses  of 
management,  superintendence  and  taxes  from  date  of  selection  of 
said  lands,  previous  to  their  sales,  and  all  expenses  incurred  in  the 
management  and  disbursement  of  the  monies  which  may  be  re- 
ceived therefrom,  shall  be  paid  by  the  States  to  which  they  maybe- 
long  out  of  the  treasury  of  said  States,  so  that  the  entire  proceeds 
of  the  sale  of  said  lands  shall  be  applied  without  any  diminution 
whatever  to  the  purposes  hereinafter  mentioned. 

uSec.  4.  And  be  it  further  enacted,  That  all  monies  derived 
from  the  sale  of  the  lands  aforesaid  by  the  States  to  which  the 
lands  are  apportioned,  and  from  the  sales  of  land  scrip,  hereinbe- 
fore provided  for,  shall  be  invested  in  the  stocks  of  the  United 
States,  or  of  the  States,  or  some  other  safe  stocks,  yielding  not  less 
than  five  per  centum  upon  the  par  value  of  said  stocks;  and  that 
the  monies  so  invested  shall  constitutes  perpetual  fund,  the  capi- 
tal of  which  shall  remain  forever  undiminished,  (except  so  far  as 
may  be  provided  in  section  fifth  of  this  act)  and  the  interest  of 
which  shall  be  inviolably  appropriated  by  each  State  which  may 
take  and  claim  the  benefit  of  this  act,  to  the  endowment,  support 
,and  maintenance  of  at  least  one  college,  where  the  leading  object 
shall  be,  without  excluding  other  scientific  and  classical  studies,and 
including  military  tactics,  to  teach  such  branches  of  learning  as 
are  related  to  agriculture  and  the  mechanic  arts,  in  such  manner 
as  the  legislatures  of  the  States  may  respectively  prescribe,  in  or- 
der to  promote  the  liberal  and  practical  education  of  the  indus- 
trial classes  in  the  several  pursuits  and  professions  in  life. 

uSec.  5.  And  be  it  further  enacted,  That  the  grant  of  land  and 
land  scrip  hereby  authorized,  shall  be  made  on  the  following  con- 


[68] 

ditions,  to  which,  as  well  as  to  the  provisions  hereinbefore  contain- 
ed, the  previous  assent  of  the  several  States  shall  be  signified  by 
legislative  acts :  First,  If  any  portion  of  the  fund  invested  as  pro- 
vided by  the  foregoing  section,  or  any  portion  of  the  interest  there- 
on, shall,  by  any  action  or  contingency  be  diminished  or  lost,  it 
shall  be  replaced  by  the  State  to  which  it  belongs,  so  that  the  cap- 
ital of  the  fund  shall  remain  forever  undiminished,  and  the  annual 
interest  shall  be  regularly  applied  without  diminution  to  the  pur- 
poses mentioned  in  the  fourth  section  of  this  act,  except  that  a 
sum  not  exceeding  ten  per  centum  upon  the  amount  received  by 
any  State  under  the  provisions  of  this  act,  may  be  expended  for 
the  purchase  of  lands  for  sites  or  experimental  farms,  whenever  au- 
thorized by  the  respective  Legislatures  of  said  States.  Second,  No 
portion  of  said  fund  nor  the  interest  thereon,  shall  be  applied  di- 
rectly or  indirectly,  under  any  pretence  whatever,  to  the  purchase, 
erection,  preservation  or  repair  of  any  building  or  buildings. 
Third,  Any  State  which  may  take  and  claim  the  benefit  of  the  pro- 
visions of  this  act,  shall  provide  within  five  years,  at  least,  not  less 
than  one  college,  as  described  in  the  fourth  section  of  this  act,  or 
the  grant  to  such  State  shall  cease;  and  said  State  shall  be  bound 
to  pay  the  United  States  the  amount  received  of  any  lands  previ- 
ously sold,  and  that  the  title  to  purchasers  under  the  State  shall 
be  valid.  Fourth,  An  annual  report  shall  be  made  regarding  the 
progress  of  each  college,  recording  any  improvements  and 
experiments  made,  with  their  costs  and  results,  and  such 
other  matters,  including  State  industrial  and  economical  statistics 
as  may  be  supposed  useful,  one  copy  of  which  shall  be  transmitted 
by  mail,  free,  by  each,  to  all  the  other  colleges  which  may  be  en- 
dowed under  the  provisions  of  this  act,  and  also  one  copy  to  the 
Secretary  of  the  Interior.  Filth,  When  lands  shall  be  selected 
from  those  which  have  been  raised  to  double  the  minimum  price 
in  consequence  of  railroad  grants,  they  shall  be  computed  to  the 
States  at  the  maximum  price,  and  the  number  of  acres  proportion- 
ably  diminished.  Sixth,  No  State  while  in  a  condition  of  rebel- 
lion or  insurrection  against  the  Government  of  the  United  States, 
shall  be  entitled  to  the  benefit  of  this  act.  Seventh,  No  State 
shall  be  entitled  to  the  benefits  of  this  act,  unless  it  shall  express 
its  acceptance  thereof  by  its  Legislature  within  two  years  from  the 
date  of  its  approval  by  the  President, 


[69] 

uSec.  6.  And  be  it  further  enacted,  That  land  scrip  issued  un- 
der the  provisions  of  this  act,  shall  not  be  subject  to  location  un- 
til after  the  first  day  of  January,  one  thousand  eight  hundred  and 
sixty -three. 

"Sec.  7.  And  be  it  further  enacted,Tte&  the  land  officers  shall 
receive  the  same  fees  for  locating  land  scrip  issued  under  the  pro- 
visions of  this  act,  as  is  now  allowed  for  the  location  of  military 
bounty  land  warrants  under  existing  laws:  Provided,  Their  maxi- 
mum compensation  shall  not  be  thereby  increased. 

"Sec.  8.  And  be  it  further  enacted,  That  the  Governors  of  the 
several  States  to  which  scrip  shall  be  issued  under  this  act,  shall  be 
required  to  report  annually  to  Congress  all  sales  made  of  such 
scrip,  until  the  whole  shall  be  disposed  of,  the  amount  received  for 
the  same,  and  what  appropriation  has  been  made  of  the  proceeds. 
Approved  July  2,  1862." 

AtfD,  WHEREAS,  It  is  provided  in  the  seventh  condition  under  the 
fifth  section  of  said  above  recited  act,  that  uno  State  shall  be 
entitled  to  the  benefits  of  this  act,  unless  it  shall  express  its 
acceptance  thereof  by  its  Legislature  within  two  years  from 
the  date  of  its  approval  by  the  President,  July  2,  1862.  Now, 
therefore, 

Be  it  resolved  by  the  General  Assembly  of  the  State  of  Mis- 
souri, That  the  said  act  of  the  Congress  of  the  United  States  is  as- 
sented to  and  accepted  by  the  State  of  Missouri,  with  all  the  con- 
ditions, restrictions,  and  limitations  therein  contained;  and  the 
faith  of  the  State  of  Missouri  is  hereby  pledged  to  the  faithful  per- 
formance of  the  trust  thereby  created. 
Approved  March  17,  1863. 


AMENDATORY  ACT  EXTENDING  THE  TIME  FIXED  BY 
FOREGOING  LAW. 

AN  ACT  to  amend  an  act  entitled  "An  act  to  amend  the  fifth  section  of  an 
act  entitled  "An  act  donating  public  lands  to  the  several  States  and  Ter- 
ritories which  may  provide  colleges  for  the  benefit  of  agriculture  and  the 
mechanic  arts,"  approved  July  second,  eighteen  hundred  and  sixty-two, 
so  as  to  extend  the  time  within  which  the  provisions  of  said  act  shall  be 
accepted  and  such  colleges  established,"  approved  July  twenty-third, 
eighteen  hundred  and  sixty-six. 

Beit  enacted  by  the  Senate  and  House  of  Representatives  oj 
the  United  States  of  America  in  Congress  assembled,  That  the 
time  within  which  the  several  States  may  comply  with  the  pro- 
visions of  the  act  of  July  twenty-third,  eighteen  hundred  and  six- 
ty-six, entitled  "An  act  to  amend  the  fifth  section  of  an  act  en- 
titled 'An  act  donating  public  lands  to  the  several  States  and  Ter- 
ritories which  may  provide  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,'  approved  July  second,  eighteen  hundred 
and  sixty-two,  so  as  to  extend  the  time  within  which  the  provis- 
ions of  said  act  shall  be  accepted  and  such  colleges  established,"  is 
hereby  extended  so  that  the  States  which  have  not  complied  with 
the  provisions  of  said  acts  in  establishing  colleges  shall  have  the 
period  of  two  years,  after  the  first  day  of  July,  eighteen  hundred 
and  seventy-two,  within  which  to  provide  at  least  one  college,  as 
described  in  the  fourth  section  ot  an  act  entitled  "An  act  donating 
public  lands  to  the  severel  States  and  Territories  which  may  pro- 
vide colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,1' 
approved  July  second,  eighteen  hundred  and  sixty-two. 

Approved,  January  23, 1873. 


STATE  CONSTITUTION  OF  1865. 

Sec.  1.  A  general  diffusion  of  knowledge  and  intelligence  be- 
ing essential  to  the  preservation  of  the  rights  and  liberties  of  the 
people,  the  general  assembly  shall  establish  and  maintain  free 
schools  for  the  gratuitous  instruction  of  all  persons  in  this  state 
between  the  ages  of  five  and  twenty-one  years. 

2.  Separate  schools  may  be  established  for  children  of  African 
descent.     All  funds  provided  for  the  support  of  public  schools 
shall  be  appropriated  in  proportion  to  the  number  of  children, 
without  regard  to  color. 

3.  The  supervision  of  public  instruction  shall  be  vested  in  a 
board  of  education,  whose  powers  and  duties  shall  be  prescribed  by 
law.     A  superintendent  of  public  schools,  who  shall  be  the  presi- 
dent of  the  board,  shall  be  elected  by  the  qualified  voters  of  the 
state.     He  shall  possess  the  qualifications  of  a  state  senator,  and 
hold  his  office  for  the  term  of  four  years,  and  shall  perform  such 
duties  and  receive  such  compensation  as  may  be  prescribed  by  law. 
The  secretary  of  state  and  attorney  general  shall  be  ex-officio  mem- 
bers, and  with  the  superintendent,  compose  said  board  of  educa- 
tion. 

4.  The  general  assembly  shall  also  establish  and  maintain  a 
State  University,  with  departments  for  instruction  in  teaching,  hi 
agriculture,  and  in  natural  science,  as  soon  as  the  public  school 
fund  will  permit. 

5.  The  proceeds  of  all  lands  that  have  been,  or  hereafter  may 
be  granted  by  the  United  States  to  this  state,  and  not  otherwise 
appropriated  by  this  state  or  the  United  States;  also,  all  moneys, 
stocks,  bonds,  lands   and  other  property  now  belonging  to   any 
fund     for    purposes     of      education;     also,     the     net     proceeds 
of    all    sales    of  lands,  and  other  property  and  effects  that  may 
accrue  to  the   state    by  escheat,    or    from    sales    of  estrays,    or 
from     unclaimed     dividends,     or     distributive     shares     of     the 
estates  of  deceased  persons,  or  from  fines,  penalties  and  forfeitures; 
also,  any  proceeds  of  the  sales  of  public  lands  which  inay  have 
been  or  hereafter  may  be  paid  over  to  this  state,  (if  congress  will 
consent  to  such  appropriation;)  also,  all  other  grants,  gifts  or  de- 
vises, that  have  been  or  hereafter  may  be  made  to  this  state,  and 


[-72] 

not  otherwise  appropriated  by  the  terms  of  the  grant,  gift  or  de- 
vise, shall  be  securely  invested  and  sacredly  preserved  as  a  public 
school  fund,  the  annual  income  of  which  fund,  together  with  so 
much  of  the  ordinary  revenue  of  the  state  as  may  be  necessary, 
shall  be  faithfully  appropriated  for  establishing  and  maintaining 
the  free  schools  and  the  university  in,  this  article  provided  for,  and 
for  no  other  uses  or  purposes  whatsoever. 

6.  No  part  of  the  public  school  fund  shall  ever  be  invested  in 
the  stock,  or  bonds,  or  other  obligations  of  any  state,  or  of  any 
county,  city,  town  or  corporation.     The  stock  of  the  bank  of  the 
State  of  Missouri  now  held  for  school  purposes    and    all  other 
stocks  belonging  to  any  school,  or  university  fund,  shall  be  sold, 
in  such  manner  and  at  such  time  as  the  general  assembly  shall 
prescribe;  and  the  proceeds  thereof,  and  the  proceeds  of  the  sales 
of  any  lands,  or  other  property  which  now  belong  or  may  hereaf- 
ter belong  to  said  school  fund,  may  be  invested  in  the  bonds  of 
the  United  States.     All  county  school  funds  shall  be  loaned  upon 
good  and  sufficient  unincumbered  real  estate  security,  with  per- 
sonal security  ill  addition  thereto. 

7.  No  township  or  school  district  shall  receive  any  portion  of 
the  public  school  fund,  unless  a  free  school  shall  have  been  kept 
therein  for  not  less  than  three  months  during  the  year  for  which 
distribution  thereof  is  made.     The  general  assembly  shall  have 
power  to  require  by  law,  that  every  child  of  sufficient  mental  and 
physical  ability,  shall  attend  the  public  schools,  during  the  period 
between  the  ages  of  five  and  eighteen  years,  for  a  term  equivalent 

to  sixteen  months,  unless  educated  by  other  means. 

8.  In  case  the  public  school  fund  shall  be  insufficient  to  sus- 
tain a  free  school,  at  least  four  months  in  every  year,  in   each 
school  district  in  this  state,  the  general  assembly  may  provide  by 
law  for  the  raising  of  such  deficiency,  by  levying  a  tax  om  all  the 
taxable  property  in  each  county,  township  or  school  district  as 
they  may  deem  proper. 

9.  The  general  assembly  shall,  as  far  as  it  can  be  done,  with- 
out infringing  upon  vested  rights,  reduce  all  lands,  moneys,  and 
other  property,  used  or  held  for  school  purposes  in  the  various 
counties  of  this  state  into  the  public  school  fund  herein  provided 
for,  and  in  making  distribution  of  the  annual  income  of  said  fund 
shall  take  into  consideration  the  amount  of  any  county  or  city 
funds,  appropriated  for  common  school  purposes,  and  make  such 
distribution   as  will   equalize   the  amount  appropriated  for  com- 
mon schools  throughout  the  state. 


INDEX. 


PAGES. 

Act  of  Congress  March  6,  1820 3-4 

Act  of  Congress  Jan.  24,  1827 5-6 

Act  of  Congress  March  2,  1827 6 

Act  of  Congress  March  3,  1831 '. . .  .  6-7 

Act  of  Congress  July  2,  1862,  (Lands  for  Agricultural  Col- 
leges)   66-69 

Act  of  Congress  amendatory  of  the  above '.  •  70 

Acts  (various)  of  Missouri  Legislature — brief  mention  of..  10-1.7 

Agricultural  College  and  School  of  Mines 29-43 

Act  of  Legislature  appropriating  $10,000  to  rebuild  Presi- 
dent's House 49 

Act  of  Legislature  setting  aside  one  and  three-fourths  per 

cent,  of  three-fourths  of  State  Revenue  to  University.  49 
Act  of  Legislature  Stating  and  Settling  the  account  be- 
tween the  State  and  Seminary  Fund,  March  29,  1872.  49-54 

Act  to  Select  Site  for  the  State  University 61-65 

Bonds  of  School  and  Seminary  Funds 55-56 

Constitution  of  1820 7 

Constitution  of  1865 71-72 

Constitution  of  1875 7-10 

Curators  of  Univers:ty — Vacancy  in   Board 60 

Fire-arms,  Discharge  of 54-55 

Gifts  to  Public  School  Fund. 58-59 

Joint  Resolution  of  Missouri  Legislature,  accepting  Agri- 
cultural College  Act  of  Congress 66-69 

Officers,  Reports  and  Liability  of 47-48 

Ordinances  of  1787 3 

Organizing  Missouri  Territory,  Schools  and  Education  pro- 
vided for 3 

Perpetuation  of  Free  Public  School  Funds 57 

Site  for  the  State  University,  Act  to  select 61-65 

State  University,  Columbia  selected  as  site  of 12-13 

State  University,  Institution   of. 13 

State  University  established 19-28 

Seminary  Fund,  Act  relating  to 44-47 

Seminary  Fund,  Investment  of. 50 


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